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(영문) 서울행정법원 2015.09.04 2014구합71757
유족급여및장의비부지급처분취소
Text

1. On August 11, 2014, the Defendant’s disposition to revoke the determination of the survivors’ benefits site payment for the Plaintiffs is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On April 26, 2013, the network D (hereinafter “the network”) set up by the Plaintiffs as the employees of Samsung Heavy Industries, who are engaged in automobile charter passenger transportation business, has been in charge of operating a bus commuting bus and intra-company shuttle bus to and from work to work for 45 passengers and employees of Samsung Heavy Industries.

On February 28, 2014, at around 06:45, the deceased lost his own consciousness while driving a bus on the front of the Central Bank of Dong-dong, Dong-si, Dong-si, and shocked a restaurant door on the right side of the proceeding direction.

On February 28, 2014, immediately after the above accident, the Deceased was sent to a medical institution, but died as “the cardiopulmonary death suspension, the cause of the death,” and as a result of the autopsy on the Deceased, the Hemical heart disease of the deceased (hereinafter “the instant injury disease”) became a private person.

B. The Plaintiffs asserted that the deceased’s death was caused by occupational disease and claimed expenses for bereaved family benefits and funeral, but the Defendant rendered a decision to refuse payment on August 11, 2014 on the ground that there was no proximate causal relation between the deceased’s work and the upper branch of the instant case.

C. On November 10, 2014, the Plaintiffs filed the instant lawsuit seeking revocation of the disposition of the determination of the survivors’ benefits site payment (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 11 through 13, Eul evidence No. 3 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is illegal;

A. The Plaintiffs’ assertion that the instant disposition was unlawful despite the occurrence of the instant injury or disease due to excessive work and stress.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The Deceased’s work form and treatment details are as follows: (a) The Deceased operated the six-day bus a week; (b) the type of operation is from the mountain ginseng distance located in the Soyang-Eup, Busan to the factory fixed at the end of the period from 06:20 to 07:20.

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