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(영문) 수원지방법원 2018.05.02 2017구단842
유족급여및장의비부지급처분취소
Text

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. From August 9, 1995, the Plaintiff’s spouse B (hereinafter “the deceased”) served as the environment manager of the Dong-gu Office of Suwon-gu, Suwon-si, Suwon-si, Seoul-si.

On June 27, 2016, at around 09:20 on June 27, 2016, the deceased was diagnosed as acute cerebral typosis, low-nuclear disease, terminal kidney disease, pulmonary typosis, and trinal re-exption pressure, and hospitalized in order to maintain blood medication.

After the law was enforced, the discharge was made on July 2, 2016.

On July 4, 2016, the deceased worked and retired from work on a monthly day, and on July 19, 2016, the deceased died due to the heart re-hospitalization on July 19, 2016 (hereinafter “the instant injury”).

B. The Plaintiff filed a claim against the Defendant for the bereaved family’s benefits and funeral expenses on the ground that the deceased died of occupational and stress, but the Defendant rendered a disposition that did not pay the bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) on December 29, 2016 on the ground that proximate causal relation between the deceased’s death and his/her duty is not recognized.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, 2, 3, Eul evidence 1 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The deceased’s daily working hours are 06:00 to 08:30, 10:00 to 12:00, 14:00 to 17:30, and 17:30, and take rest in a place at a place of business during the assigned rest hours, but as the deceased’s civil petition or climate change is in the atmosphere of business for supporting the work due to a weather change, the deceased’s working hours are 11:30 minutes and 30 minutes per day at the workplace under his/her jurisdiction. 2) The deceased’s work hours are difficult to complete within the given time due to seasonal factors, vehicle increase, and frequent civil petition filed by residents. As such, there are many cases where the deceased begins 05:00.

3 The Deceased shall be 5.5.

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