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(영문) 서울행정법원 2015.09.04 2014구합12765
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 31, 201, the Plaintiff’s husband, worked for D Co., Ltd. (hereinafter “instant company”). On May 31, 201, the Plaintiff’s husband, worked for D Co., Ltd. (hereinafter “the instant company”). Around 08:10, the subway station located in Seocho-gu Seoul Metropolitan Government E and the subway site preparation team office of the instant company located in the sixth floor in G building in the vicinity of the Seoul, lost his own consciousness and died around 08:27 on the same day, and the deceased’s will to examine the deceased’s body was presumed to be a serious color.

B. The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and filed a claim for the payment of survivors’ benefits and funeral expenses with respect to the Defendant on April 29, 2014 following deliberation by the Occupational Disease Determination Committee. On April 29, 2014, the Defendant rendered a claim for the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that proximate causal relation between the deceased’s death and the deceased’s death cannot be recognized as not having been verified as a person with a chronic dyscular heart disease (e.g., acute, chronic, stress, and rapid environmental change.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 4-1, Gap evidence 9-1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the deceased suffered from a normal heart disease, and was undergoing a cardio-cerebrovascular surgery in around 2008, and around May 2008, the time when I performed the I Corporation’s Incheon Field work was conducted without leave and night time. From April 201, I had been performing the work at the Jeon-nam Gwangju metropolitan site of H Construction.

As can be seen, the Deceased, who is geographically remotely responsible for the work of two construction sites at one time, was suffering from extreme overwork and stress while performing the work, and the stress experienced in the position of the manager was aggravated.

In the end, these occupational and stress are rapidly affected by the heart disease, which is the deceased's existing disease.

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