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(영문) 서울고등법원 2015.10.27 2015누42598
유족급여및장의비부지급처분취소
Text

1. Revocation of a judgment of the first instance;

In September 16, 2014, the defendant's disposition of bereaved family's benefits and funeral expenses against the plaintiff.

Reasons

1. Reasons for the instant disposition, the Plaintiff’s assertion, and the grounds for the court’s explanation on this part of the pertinent statutes are part of the grounds for appeal No. 1 and 2 of the judgment of the court of first instance.

paragraphs 1 and 2.

Therefore, in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, it is cited as it is.

2. Whether the instant disposition is lawful

A. In fact, the deceased’s death report 1) on March 1, 2012, the medical corporation Cmedical Foundation D Hospital (hereinafter “Nonindicted hospital”) as a medical specialist of an emergency department.

A) After concluding an annual salary contract with the Plaintiff for a fixed period of two years, the deceased served as the head of the emergency center of the non-party hospital. On February 25, 2014, the deceased was willing to leave the hospital on the part of his/her intent to leave the hospital as E medical staff, and accordingly, he/she was expected to retire on February 28, 2014, which is the expiration date of the contract period. On February 27, 2014, the deceased attended an emergency center operation committee and an emergency center operation committee held each quarter of February 27, 2014 and an ordinary session meeting held by the deceased, and went back to the two-lane singings. On the same day, he/she was found to have lost consciousness by taking emergency measures, and it was confirmed that he/she was sent to the hospital after being dispatched to the hospital. (ii) The deceased, such as the working hours and the type of work of the deceased, had worked as the head of the emergency center at the emergency center of the non-party hospital and sent the patient to the emergency center separately.

The Deceased worked in the form of 5-day circular work in the order of day-time work - recess work - that is, from 8:0 p.m. to 8:0 p.m. on the following day, and from 8:0 p.m. to 8:0 a.m. on the following day, the Deceased worked in the form of 3-day holiday work, and the Deceased worked in the form of 1-hour additional work for the

The Deceased’s 42 hours per week before his/her death (from February 20, 2014 to February 26, 2014) and 40 hours per share for three months (from December 5, 2013 to February 26, 2014).

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