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(영문) 서울행정법원 2020.07.17 2019구합68060
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 August 1, 2006, the deceased B (CB; hereinafter referred to as “the deceased”) is a person who was employed in the Technology Management Office from February 1, 2017 at the D Center affiliated with the Si Reconstruction Facilities Management Corporation (hereinafter “instant Center”).

B. On May 21, 2018, the Deceased was found to have been dead while locked at home around 10:00.

As a result of the autopsy by the National Scientific Investigation Institute of the Deceased, the private person was presumed to be a acute funeral associated with the high blood pressure heart.

C. The Plaintiff, the deceased’s spouse, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant.

However, on February 27, 2019, the Defendant rendered a disposition on the part of the Plaintiff on the ground that “the deceased did not have any sudden change in the work environment within 24 hours prior to the occurrence, any increase in the work volume or work hours, or any change in the work environment within one week prior to the occurrence, and it is difficult to deem that there was an excessive occupational stress factor in light of the work hours prior to the occurrence, and it is difficult to deem that there was an excessive occupational stress factor. There is no proximate causal relation between the deceased’s death and the work.”

(hereinafter referred to as "the disposition in this case"). / [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 7 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was performed by the instant center to the customer civil petition management duties, general affairs, and financial management duties, etc., in addition to his/her own duties. The maintenance duties of the instant center have increased due to the completion of the defect repair period, and the amount of duties, such as taking charge of the restoration of wind damage caused on April 2018, was excessive.

The deceased worked in shift between A.M. and P.M., and re-work after entering his fingerprints, the actual time of work exceeds the time recorded in the register of commuting.

Therefore, it is true.

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