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(영문) 서울행정법원 2016.10.06 2015구합63395
유족급여및장의비부지급처분취소
Text

1. On April 3, 2015, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On October 13, 1990, the Plaintiff’s husband (CB, hereinafter “the deceased”) joined the new bank Co., Ltd. (hereinafter “new bank”) and served as the head of the E-Financial Center located in Yeongdeungpo-gu Seoul Metropolitan Government from January 24, 2013 through several branches in Seoul.

B. On January 22, 2014, from around 19:00 to 22:00, the Deceased, from the restaurant located in the Seoul Mapo-gu Seoul FF to the E Financial Center’s meeting for screening and promotion promotion, he gets home at around 24:00 after having additionally performed an additional alcoholic beverage at the near site, and was found to be in a state of no knowledge at the morning, and then was sent to the 119 119 am back to the New Village Scam Hospital, but was killed as the “Isssscam.”

C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, the Defendant rendered a decision on survivor’s benefits and funeral funeral expenses on the ground that “The deceased’s direct death is presumed to be a U.S. and a heart, and the short-term and chronic fault before his death is not verified, and pressure on his work performance is determined to be an ordinary level experienced for a long time, and it is difficult to recognize a proximate causal relationship between the deceased’s death and his work.”

(hereinafter “Disposition in this case”). [In the absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, Eul evidence No. 11, and the purport of the whole pleadings and arguments No. 11.

2. Whether the instant disposition is lawful

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

B. 1) The deceased was transferred to the head of the new bank E-Financial Center on January 24, 2013, and 29 persons including the head of the E-Financial Center were working for 29 persons.

(2) The Deceased, as the head of the Center, evaluates the RM-related enterprise as the head of the Center, and determines whether to grant a loan after consulting the enterprise’s loan.

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