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(영문) 서울행정법원 2018.07.12 2018구합51089
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 April 1, 2012, the Plaintiff’s spouse B (C students, hereinafter “the deceased”) had been employed as a cook on April 1, 2012 as an E-store restaurant.

B. At around 06:50 on June 18, 2015, the Deceased was found to have died from the floor of the above cafeteria, and the body inspection report on the Deceased was written in an unknown manner.

C. On December 8, 2016, the Plaintiff filed a claim for the payment of bereaved family’s benefits and funeral expenses with the Defendant. On November 14, 2017, the Defendant rendered a determination of the amount of bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relationship between the deceased’s death and his/her duties.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion deceased worked daily except a six-day off day, and performed the overall duties in the restaurant as well as the duties in the kitchen room, such as the fingers of food materials, cooking, distribution, food washing, and the cleaning of the restaurant inside the restaurant, and the finishing work. On April 2015, the deceased was forced to perform the mixed-child duties by leaving the frighter, who was engaged in the primary supporting duties, and the deceased was forced to perform the mixed-child duties. As such, it is presumed that a proximate causal relation exists between the deceased’s death and the duties, since the cardio-Japanese cell was accumulated in the state where the heart cell was frightened for a long time due to the use of the stroke, and that a sudden causal relation exists between the deceased’s death and the duties.

Therefore, the instant disposition taken on the premise that proximate causal relation between the deceased’s work and the death is not recognized shall be revoked in an unlawful manner.

B. 1) The deceased’s duties and working environment A) were ordinarily from 08:00 to 19:30, and the time limit for the deceased was one-hour rest time in the middle.

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