(영문) 서울행정법원 2019.11.29 2018구합81394

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(영문) 서울행정법원 2019.11.29 2018구합81394

유족급여및장의비부지급처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The deceased B (CB; hereinafter “the deceased”) is a person who entered the D Co., Ltd. (hereinafter “D”) on February 14, 2005 and has been engaged in overseas business.

B. On September 14, 2017, the Deceased was found to have been used in the accommodation during the local business trip in Mexico, and was sent to a nearby hospital, but was eventually killed on September 16, 2017.

According to the deceased's death diagnosis report issued by the Ministry of Health and Welfare, direct death is written as brain death (48 hours), two internal pressure rise (48 hours), and bad cerebral cerebral typhism (3 weeks).

C. The Plaintiff, the deceased’s spouse, claimed that “The deceased’s death constitutes an occupational accident,” asserting that “The deceased’s death constitutes a occupational accident,” and that the deceased’s bereaved family benefits and funeral expenses were to be paid to the Defendant, on the ground that “The deceased would have been dispatched to the center in 2018, while carrying out domestic education and existing duties together with education in the Republic of Korea.”

On July 20, 2018, the Defendant rendered a disposition of bereaved family's benefits and funeral site wages (hereinafter "the instant disposition") according to the results of the review by the Seoul Aggravated Disease Determination Committee stating that "the death of the deceased is due to the natural progress of the existing brain species rather than the occupational reason, and thus there is no proximate causal relation between the deceased's death and his/her duties."

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 Deceased decided on the dispatch of Mexico under the existing disease called Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal, and physical and mental stress were accumulated in the process of preparing for the dispatch,

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