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(영문) 서울행정법원 2014.08.21 2013구합64288
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 November 7, 2012, the network B (hereinafter referred to as “the network”) entered and performed the work of constructing apartment buildings in the Maero area, which was subcontracted from Hanyang Co., Ltd., Ltd. (hereinafter “YACS”), and was performed on the site of the construction work of new apartment buildings in the Maambro area (hereinafter “the instant construction work”).

B. On January 26, 2013, the Deceased returned home after completing work at the construction site of the instant case, and then discovered body around 07:10 on the following day, and died in an urgent and acute franking condition while sending back to the hospital.

C. On June 25, 2013, the Plaintiff, the wife of the Deceased, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant. However, on July 24, 2013, the Defendant refused the payment of bereaved family benefits and funeral expenses on the ground that the death of the Deceased does not constitute an occupational accident.

(hereinafter “instant disposition”) D.

The Plaintiff filed a petition for review with the Industrial Accident Compensation Insurance Reexamination Committee, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the Plaintiff’s petition for review on October 31, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 9, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From December 4, 2012 to December 12, 2012, the Plaintiff asserted that the deceased worked without leaving the construction schedule at the site of apartment construction located in Changwon-si. At the construction site of the above construction work, the deceased did not perform the work at ordinary level (the simple work of transporting the demolished rains, etc.) but performed the work of dismantling the rains on the fifth floor of apartment height. The deceased was under significant stress due to fear of the fall accident and carried out an excessive work, such as continuous work for nine days while his body was cut down on the following day.

In addition, it is the day before the deceased dies.

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