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(영문) 서울행정법원 2017.12.22 2016구합82607
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On June 1, 2009, the deceased B (hereinafter referred to as the “the deceased”) entered a company for accuracy facilities (hereinafter referred to as the “instant company”) and died from around January 13, 2014 to the “more cancer”, which is the front line event, while working as the site manager at C’s construction site built by the New World Construction Co., Ltd., from around January 13, 2014, he/she was diagnosed and provided medical treatment around March 10, 2014.

On November 21, 2015, the Plaintiff, as the wife of the Deceased, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant on the ground that the occupational entertainment, overwork, and stress sharply aggravated the state of food cancer, which is the previous disease of the Deceased, rapidly aggravated beyond the natural speed.

On September 27, 2016, the Defendant determined the site level on the ground that there is no proximate causal relation between the deceased’s death and his/her work.

(hereinafter “instant disposition”). (hereinafter “instant disposition”), without dispute, Gap’s evidence Nos. 1, 2, and 4, Eul’s evidence Nos. 1. 2, and Eul’s overall purport of the oral argument as to the legitimacy of the instant disposition, the gist of the Plaintiff’s assertion was very healthy before being diagnosed as food cancer around May 2013 while working as the site manager at the Seoul D Construction Site, and thereafter, even though food cancer was completely cured through navigational cancer treatment, from September 1, 2013 to March 10, 2014, while serving as the head of the Busan E Apartment Site or the head of the field office, and thus, the death of the deceased was rapidly denied due to a sudden causal relation between the death and stress of the deceased’s occupational condition, and thus, the causal relation between the death and stress was aggravated.

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