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(영문) 서울행정법원 2017.02.16 2016구합1899
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On July 20, 2015, B, the husband of the Plaintiff, who was the Plaintiff’s husband of the instant disposition, was employed in the gardening test (hereinafter “instant company”), and was on duty as a sprinklering skilled technician on August 18, 2015, and was inside his body after his work on August 18, 2015, and was seated in the chair. At around 09:35, he was first used in the future, and immediately returned to the hospital, but died at around 11:02 on the same day.

(hereinafter referred to as “the deceased”). The direct death of the deceased on the death diagnosis report is a “brupt heart funeral expenses,” and the preceding person is an “unsatisfe”.

The Plaintiff asserted that the deceased’s death constitutes an occupational accident and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. On December 7, 2015, the Defendant rendered a decision on survivors’ benefits and funeral expenses on the ground that “it is difficult to deem that there exists a proximate causal relation between the deceased’s death and his/her duties.”

(2) In light of the following facts: (a) there is no dispute; (b) the Plaintiff’s assertion as to the legitimacy of the disposition of this case, the Plaintiff’s assertion as to the legitimacy of the disposition of this case as stated in the evidence Nos. 1 and 2, and the purport of the entire pleadings, is that the Defendant did not have ventilation facilities at the workplace, and did not operate air condition in the atmosphere; (c) the Deceased has been extremely bad in working environment; and (d) the Deceased got her blood and shocking operation requiring high technology in such inferior working environment; (d) the Deceased did not have worked as a result of the operation; and (e) died of the Deceased’s death because it did not go against excessive work and stress, such as a mixed attendance at the work site to correct the returned parts; and (e) the Deceased died of an excessive work and stress due to the change in the work environment of Gap’s work environment or occupational and stress.

Therefore, proximate causal relation is recognized between the death and the work of the deceased, and the plaintiff's claim for survivors' benefits and funeral expenses on different premises.

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