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(영문) 서울행정법원 2017.04.21 2015구합80277
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 October 20, 2002, the Plaintiff’s spouse B (CB, hereinafter “the Plaintiff’s spouse”) entered as D on October 20, 200 and worked as the farm site from around 2005.

E accepted D around 2007 and operated the farm in the name of “F” (hereinafter “the farm of this case”). The Deceased succeeded to employment as “F” and managed the farm business as the head of the farm (such as livestock pens, repair, management of foreign workers, farm business, etc.).

B. At around 21:00 on December 16, 2014, the Deceased died with four foreign workers working at the farm of this case, and with the children of the Plaintiff and the Deceased, who were on board the Deceased’s vehicle and were returning to the instant workplace, at around 21:30. On December 20, 2014, the Deceased was transferred to G Hospital at around 22:30 by the 119 first aid unit, who was dispatched after receiving a report at around 21:39, but on December 20, 2014, the Deceased was transferred to G Hospital at around 22:30. However, on December 20, 2014, at around 08:42, the “porromatic pulmonary brain damage”, the intermediate event, the “porromatic pulmonary pulmonary pulmonary pulmonary brain,” the direct death, the direct death of the deceased, and the death of the deceased.

(hereinafter referred to as “instant disaster”). C.

The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and applied for the payment of survivors’ benefits and funeral expenses to the Defendant.

On June 18, 2015, the Defendant rendered a disposition on the part of the Plaintiff on June 18, 2015, on the ground that “The occurrence of a sudden and difficult incident related to the deceased’s work and the rapid change in work environment is not confirmed, and the working hours per week and four weeks prior to the outbreak do not meet the criteria for excessive recognition, and that a low-income disease is judged to be naturally occurring since no specific data or basis exists to recognize the fact of stress,” taking a disposition on the part of the Gwangju Occupational Disease Determination Committee for Survivors’ Benefits and Funeral Expenses (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 7, Eul's 1 and 2, and all pleadings.

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