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(영문) 서울고등법원 2017.06.20 2016누77164
유족급여및장의비부지급처분취소
Text

1. Revocation of the first instance judgment.

2. On January 21, 2015, the Defendant’s disposition of bereaved family benefits and funeral site pay to the Plaintiff.

Reasons

1. 【Evidence of Disposition】 Evidence Nos. 1, and entries of evidence Nos. 3 through 5 and the purport of the whole pleadings;

A. On March 13, 2014, when the Plaintiff’s husband worked in Insan-si E located in Ansan-si, the Plaintiff’s husband (hereinafter referred to as “the Plaintiff’s husband”) was involved in the accident of cleaning the crowdfunding and entering it into the roller (hereinafter “the instant accident”), and obtained the Defendant’s medical care from the Defendant’s disease (hereinafter referred to as “the instant disease”) by suffering from serious stimulating pressure damage to the upper part of the front part on the right side, the stimulating pressure damage to the upper part, the right part on the right part, and the stimulating damage to the upper part on the right part, the stimulating damage of the upper part on the right part, the upper part on the right part, the inner part on the right part of the front part and the stimulating part on the right part, the upper part, the right part on the right part, the second part on the right part, the upper part of the water part, and the river part on the river part.

B. After the occurrence of the instant accident, the Deceased was provided medical care at the F Hospital located in Ansan-si and the G Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government. On October 4, 2014, at around 05:00 (presumed time) G Hospital, the Deceased committed suicide after installing a reduction in the tent wooden pole in the warehouse of the G Hospital.

C. The Plaintiff claimed for the payment of bereaved family’s benefits and funeral expenses to the Defendant, but on January 21, 2015, the Defendant rendered a disposition rejecting the payment on the ground that “the deceased’s suicide is not recognized as an occupational accident, since there is no medical basis to deem that there was no mental diagnosis related to the instant disaster or injury and there was no other mental disorder.”

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for review with the Defendant on the instant disposition, but the request for review was dismissed on April 20, 2015.

2. Whether the instant disposition is lawful

(a) as shown in the Attachment of the relevant statutes;

(b) 【Evidence” 【Evidences 5 to 11, and 1 to 3, respectively (including all the numbers, if any);

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