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(영문) 서울행정법원 2016.06.16 2015구합61320
유족급여 등 부지급처분 취소
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 January 8, 2004, the Plaintiff’s husband (D students, hereinafter “the deceased”) entered a family transport company (hereinafter “instant company”) and served as a taxi engineer.

B. Around 01:00 on June 8, 2014, the Deceased, while working in shifts with night workers, died of a vending machine and coffee in the vicinity of the Seosan-dong English village in Ansan-si, Annsan-si, where he/she received treatment at the Han University Ansan Hospital via a neighboring E Hospital around 02:52. However, on June 29, 2014, he/she died of the death of the deceased, as the “bral mathy”, which is a direct death on his/her own, around 06:52 on June 29, 2014.

C. On July 29, 2014, the Plaintiff asserted that the death of the deceased constituted an occupational accident and claimed the bereaved family’s benefits and funeral expenses to the Defendant.

On September 15, 2014, the Defendant rendered a decision on the payment of bereaved family benefits and funeral expenses based on the judgment, etc. of the Committee for Determination of Minor Disease on the ground that “the deceased’s duties are not found to have proximate causal relation with the instant upper branch, as a taxi engineer for at least 10 years, and as at the time of the outbreak, it cannot be deemed that the hours of operation increased, etc., and the circumstances such as the rapid change of working environment, the occurrence of unexpected situations, and the rapid increase of stress, etc. are not confirmed.”

(hereinafter “instant disposition”) e.

The Plaintiff, dissatisfied with the instant disposition, filed a request for review with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed it on January 16, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is at least 10 hours per day immediately before the death, and at least 65 hours per four weeks’ average, directed to physical division, work at night intervals of six days in the characteristics of the work, and there was a imbalance in physical rhythm of life by performing day-time shift work at intervals of six days, and passengers according to the staff of the Sewol ferry immediately before the death.

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