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(영문) 서울행정법원 2017.08.31 2016구합81642
유족급여및장의비부지급처분취소
Text

On August 30, 2016, the defendant's disposition of bereaved family's benefits and funeral expense against the plaintiffs is revoked.

Reasons

1. Details of the disposition;

A. On June 5, 1995, the deceased C (hereinafter “the deceased”) joined D Co., Ltd. (hereinafter “D”) and took charge of cabin crew services.

B. At around 10:00 on January 6, 2016, the Deceased served as the head office located in Gangseo-gu Seoul Metropolitan Government for the flight service toward Germany Franct, and on the same day, at around 22:15 on the same day, the Deceased was found to have died in his car driving seat parked in D parking lots.

C. On June 14, 2016, the Plaintiffs, parents of the Deceased, asserted that the death of the Deceased constituted occupational accidents and claimed the Defendant to pay bereaved family benefits and funeral expenses.

Accordingly, on August 30, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral site pay (hereinafter “instant disposition”) against the Plaintiffs on the ground that “The time and amount of work during a period of one week, four weeks, and twelve weeks prior to the occurrence of the network do not meet the standards for the short-term and chronic course, and there is no longer any longer a tension, interest, fear, entertainment, etc. to the extent that it might be unexpected and unforeseeable in relation to the work, and thus, it cannot be found that there is a proximate causal relation between the deceased’s death and the work.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2-4, 8, 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion was that the deceased died due to occupational medicine and stress, etc., and thus, the instant disposition is unlawful.

B. The details of the relevant statutes are as shown in the attached statutes.

C. The “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee’s performance of his/her duties, and there is a causal relationship between the business and the disaster.

In this case, the causal relationship should be proved by the assertion, but the causal relationship is not necessarily required to be proved clearly in medical and natural science, but at the time of employment of workers.

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