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(영문) 서울행정법원 2014.01.09 2012구합10024
유족급여및장의비부지급처분취소
Text

1. On April 11, 201, the Defendant’s revocation of the disposition of bereaved family benefits and funeral expenses rendered to the Plaintiff on April 11, 201.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of the deceased B (CB, death on February 26, 201, hereinafter “the deceased”) and the deceased is the employee of D Co., Ltd. (hereinafter “D”).

B. Around 21:00 on February 14, 201, the Deceased stopped an emergency, etc. due to the outbreak of brain-resistant explosion while driving a car and leaving the car. Around 21:00, the Deceased died on February 26, 2011 when he was sent to Samsung Changwon Hospital by the 119 first aid unit and received treatment after the surgery.

C. On March 15, 2011, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes an occupational accident. On April 11, 2011, the Defendant rendered a disposition against the Plaintiff on the ground that “the deceased’s private person is not recognized as an occupational disease” (hereinafter “instant disposition”).

The Plaintiff made a review and a request for review on the instant disposition, but all of which were dismissed.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the blood pressure, which is an existing disease, has deteriorated due to occupational surgery and stress, led to the death of the deceased, due to the outbreak of brain-resistant explosion.

Therefore, the deceased’s death constitutes occupational accidents, and the instant disposition on a different premise is unlawful.

B. In fact, (1) The Deceased was employed on May 1, 1996, and died on October 31, 200. On October 1, 2004, the Deceased returned to the position of the head of the department and worked as a director at the time of death.

(2) Until January 23, 2011, the Deceased, while performing the management of mobile phone sales and store operations at the head office, performed a policy, a fund, profit-making, performance management, and an overall control of the supply and demand of equipment, etc. as of January 24, 201, with regard to two main offices and two other agencies (Seoul metropolitan and fishing market branches).

(3) The work environment of the Deceased is 09:30 to 18:00 working hours per week.

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