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(영문) 서울행정법원 2017.12.08 2017구합57837
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 November 1, 200, the Plaintiff’s spouse He joined D Co., Ltd. (hereinafter “D”) (hereinafter “C”) on November 1, 200.

B. On November 17, 2015, the Deceased was found to be used on the second floor of the D Field Office located in Ansan-si, A around 12:57, when he was working as the captain of the production 2 team.

The Deceased returned to the Gyeonggi-do Medical Center Hospital located in the vicinity, but died at around 13:59 on the same day.

C. The autopsy affiliated with the Daejeon Science Investigation Research Institute, which conducted the autopsy of the deceased, diagnosed the deceased’s private death as a acute fluorial fluorial fluor. D.

The Plaintiff asserted that the deceased died of an occupational disease, and claimed for the payment of bereaved family benefits and funeral expenses to the Defendant.

However, on June 10, 2016, the Defendant rendered a decision on the bereaved family's benefits and funeral site wages and notified the Plaintiff of this decision on the ground that the fluenite color certificate, a private person of the deceased, does not constitute an occupational disease under Article 37 (1) 2 of the Industrial Accident Compensation Insurance Act.

(hereinafter “instant disposition”) e.

The Plaintiff dissatisfied with the instant disposition and filed a request for an examination with the Defendant, but the Defendant dismissed the Plaintiff’s request for examination on October 11, 2016.

The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the Plaintiff’s request for reexamination on January 12, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 11, Eul evidence Nos. 1, 7 through 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion, as the captain of the second team team, carried out an additional work and an extraction work of public demand in addition to his own duties, and the deceased was under occupational stress in the process of dispute with workers who were employed more or more than himself/herself in order to meet the payment period, and the on-site investigation of risk assessment on the date of the deceased’s death began, and the deceased caused psychological burden.

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