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(영문) 서울행정법원 2015.05.08 2014구합16330
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on July 16, 2014 as bereaved family benefits and funeral site pay shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On April 1, 2014, while working at C (hereinafter “instant place of business”), the Plaintiff’s son (hereinafter “the deceased”) died at around 11:02 on the same day.

(hereinafter “instant disaster”). (b)

The Defendant (the president of the orchard) determined that it is difficult to recognize a proximate causal relationship with the work to be judged as a natural progress aggravation of an existing individual disease because it is difficult to presume the causal relationship with the private person because the private person is not clearly confirmed, even though the Determination Committee is deemed to be the subject of the deceased prior to the occurrence of the light occupational disease. On July 16, 2014, the Defendant rendered the Plaintiff a decision on the payment of survivors’ benefits and funeral funeral expenses on the ground

(hereinafter referred to as "disposition in this case"). 【No dispute exists concerning the ground for recognition, and each entry in Gap evidence Nos. 1 through 8 (including provisional numbers, hereinafter the same shall apply)

2. Whether the instant disposition is lawful

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

B. 1) The Deceased’s work content and working hours were worked in the instant workplace from April 201 to April 15, 201. The number of workers at the instant workplace was 10 to 15 (five regular workers). The Deceased was in charge of the establishment of the program, the confirmation of electric distribution lines, the production of the control board, and the examination. There were two contracts under which the contract should be supplied by March 28, 2014 at the instant workplace, and the contract was to be supplied by March 31, 2014. The Deceased was 6 hours off the 12-month period prior to the instant accident. The average working hours of the Deceased between 12 weeks prior to the instant accident were 74 hours, and the average working hours of the Deceased during 4 weeks are 78 hours, and the average working hours of the Deceased were 78 hours under the influence of blood pressure as follows.

On December 22, 2011, May 25, 2012, 201, the Deceased, on July 28, 2012, 201, 170/100/110/170/100 on blood pressure (mHg) on August 28, 2012, 170/1110, 160/110 on the date of treatment, she may breath of a day for smoking, and breath of alcohol.

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