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(영문) 서울행정법원 2017.08.17 2015구합77042
유족급여및장의비부지급처분취소
Text

1. On September 17, 2014, the Defendant’s disposition of “bereaved Family Benefits and Funeral Expenses” against the Plaintiff is revoked.

2...

Reasons

On September 3, 2012, B (C) entered a company D (Korean Agency E, hereinafter referred to as “D”) and performed the work of installing, hosting, maintaining and repairing facilities, such as tim Puncer, film puncher, screener, and screenber, which is manufactured and exported by Japanese E company, under the jurisdiction of the “facility/AS” team.

B On May 25, 2013, after completing work at around 14:38 Saturdays, died after being invested in the apartment complex that was located in the closed route.

(hereinafter “B”. On May 19, 2014, the Plaintiff, the deceased’s spouse, claimed the payment of survivors’ benefits and funeral expenses.

On September 17, 2014, the Defendant rendered a disposition of bereaved family's benefits and funeral site rent (hereinafter "the instant disposition") to the Plaintiff on September 17, 2014, based on the result of the deliberation by the Committee for Determination of Occupational Diseases that "no relevance is recognized, such as that it does not seem to cause psychological confusion or dynamics due to occupational causes."

[Based on recognition] A without dispute, Gap evidence Nos. 1, 12, and 13 (including branch numbers in the case of additional numbers; hereinafter the same shall apply), Eul evidence Nos. 10 and 11, and the whole purport of the pleading and the confirmation of proximate causal relation between the deceased’s work and the death are as shown in the attached Form of the relevant statutes.

The term "occupational accident" in Article 37 (1) of the Industrial Accident Compensation Insurance Act refers to the injury, disease, physical disability, or death of an employee who caused by his/her duties while performing his/her duties, and therefore there is a causal relationship between the duties and the occurrence of the accident.

The causal relationship is proved by the assertion, but it is not necessarily required to be proved by medical or natural science, and if there is a proximate causal relation from the normative point of view, it should be viewed that there is such proof.

Therefore, workers' severe occupational stress and mental pain caused by them have deteriorated depression, so they have a normal perception ability.

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