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(영문) 대전지방법원 2015.04.17 2011구단1301
유족급여및장의비부지급처분취소
Text

1. On October 17, 201, the Defendant’s disposition revoking the disposition of bereaved family benefits and funeral expenses against the Plaintiff on October 17, 2011.

2...

Reasons

1. Details of the disposition;

A. The deceased B (CB; hereinafter “the deceased”) was written on January 13, 2010 as an environmental management personnel belonging to the Seo-gu Daejeon Metropolitan City, Seo-gu, and was transferred to the hospital. On October 30, 2010, the deceased on October 41, 201.

B. On October 11, 201, the Plaintiff, a spouse of the Deceased, claimed bereaved family benefits and funeral expenses to the Defendant. On October 17, 2011, the Defendant rendered a disposition of bereaved family benefits and funeral site expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “the proximate causal relation between the work and the disaster is not recognized” against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1, Eul 1, Eul 13-6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the work environment was rapidly aggravated due to the Han wave and heavy snow from around December 2009, ② the heart misconduct was closely related to the temperature, ③ the cleaning area in which four persons were in charge due to the leave and retirement of the winter, ④ the stress occurred on the Deceased’s work and the head of the working group due to the quality of the civil petition within the cleaning area in charge of the Deceased’s work, ⑤ the exposure to smoke, dust and yellow dust due to the characteristics of the occupation, etc.

Therefore, the instant disposition is unlawful.

B. In fact, the deceased worked as environmental management personnel from July 1, 2008 to January 13, 2010, and did not leave work until January 13, 2010. The deceased’s competent area is “(1), (2), (3), G in F, and H apartment are side streets,” and is 5.3 km at a street. The deceased collected wastes within the competent area, (3) road and delivery, (2) crosswalks, bus platforms, and delivery, respectively. (3) The deceased’s working hours are divided into ① 04:0-00-12:00, ② 14:30-1200, ③14:30-16:30, respectively. (1) The deceased’s working hours are divided into ①, ② the day off, ② the day off, ② the day off, ③ the day off, and the day off, ③ both, and the day off.

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