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(영문) 서울행정법원 2016.10.06 2015구합82150
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff’s developments leading up to the instant disposition, B, as the Plaintiff, was employed in C Co., Ltd. (hereinafter “Nonindicted Company”) that produces crypt leasing on January 1, 201, and carried out the production and management of crypt lease.

B around 19:05 on August 8, 2013, at Non-Party Company Company: Around 19:05, Non-Party Company was in charge of packing of plastic plastic bags, and Non-Party Company was sent to D Hospital by 119 first aid units, but died at around 20:30 on the same day.

(hereinafter referred to as “the deceased”). The direct death person of the deceased on the death report is “unexploited,” and the preceding person is “the certificate of any electrical shock.”

On October 28, 2013, the Plaintiff filed a claim for the payment of bereaved family benefits and funeral expenses with the Defendant, claiming that the deceased’s death constitutes an occupational accident. However, on October 23, 2015, the Defendant rendered a decision on the payment of bereaved family benefits and funeral expenses on the ground that “it is difficult to determine the relationship with his/her duties because the deceased’s death is not clear, and it is difficult to find a proximate causal relation with his/her duties due to the rapid change in working environment or stress or excess at the time of his/her death.”

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire entries and arguments in Gap’s Nos. 1, 3, and 4, and Eul’s Nos. 1, and 1, and the Plaintiff’s assertion as to the legitimacy of the instant disposition is the death of an electric shock accident caused by an original shock or electric shock generated by shocking the part of the chest in the vessel while using machinery and equipment.

Even if it is not so, the Deceased’s overwork and stress accumulated due to excessive work, etc. around the time of death, and such overwork and stress have to be deemed to have aggravated rapidly beyond natural progress, such as high blood pressure, etc., which is an existing disease, and have led to death.

Therefore, the deceased's death constitutes an occupational accident, and the deceased's survivor's benefits and funeral expenses are paid on different premises.

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