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(영문) 서울행정법원 2016.01.14 2015구합1526
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. The Non-Party B (C) worked at the Busan D New Construction Site (hereinafter “the instant construction site”) from November 12, 2013, as the head of the team specializing in light of the light steel framed, and from November 12, 2013.

B. On May 20, 2014, the deceased arrived at the construction site of this case on May 20, 2014, around 06:35, and 07:20 from around 64:0, the deceased went to the first floor, saying, “Influent vehicle will move to a close end,” and thereafter, it was discovered at around 11:45.

C. The deceased’s autopsy report states, “The deceased’s private person may not exclude the possibility of death in relation to livering training (the possibility that a tree was divided into things, structures, etc. within the vehicle with the loss of livering power).”

The Plaintiff, as his spouse, claimed that the deceased’s death constitutes an occupational accident, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, the Defendant rendered a decision on October 29, 2014 on the ground that there is no proximate causal relation between the deceased’s work and the death.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1 through 4, Gap’s evidence Nos. 2 through 6, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. As of January 2014, the Plaintiff’s assertion that he first caused liverness training was first generated by the deceased at the construction site of this case, the deceased started to work at the construction site of this case, the deceased was required to work at a high level at least 10 times a day, and the finance of Non-Party E Co., Ltd. (hereinafter “E”) (hereinafter “E”), a subordinate company to which the deceased belongs, has deteriorated. As such, the deceased’s concern about the delayed payment and loss of wages, and the deceased’s demand and supply of materials is difficult.

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