유족급여및장의비부지급처분취소
1. The disposition that the Defendant rendered to the Plaintiff on January 7, 2016 as bereaved family benefits and funeral expenses shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff’s spouse B (CB, hereinafter “the deceased”) served as a person in charge of night administrative affairs from July 1, 2007 to the Department of Home Affairs in D Hospital.
On January 23, 2015, the Deceased was removed from the above hospital’s underground while on night duty, and was found to have been used in the underground set, and died around 22:10 on the same day.
B. On July 30, 2015, the Plaintiff claimed bereaved family benefits and funeral expenses to the Defendant.
On January 7, 2016, the defendant decided to pay the bereaved family's benefits and funeral expenses to the plaintiff on the ground that the change of the business environment of the plaintiff is not recognized, and that the king witness's high blood pressure, urology, urology, and dynassis was the cause of death with higher dysium
(hereinafter referred to as “instant disposition”). [Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, and 5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion died due to the form of work and physical skin, psychological burden, stress, etc. due to work, such as the absence of a long time shift work, break time and break time, conflict with the patients, difficulty in managing the outstanding amount, etc., there is a proximate causal relation between the deceased’s work and the death.
B. The "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to the injury, disease, disability, or death caused by the worker's occupational performance while performing his/her duties. Thus, there is a causal relationship between the occupational and the disease caused by death. However, even though the main cause of the disease occurred, if the occupational disorder or stress overlaps with the main cause of the disease, and at least the occupational disorder or stress has caused the disease, and even if not directly related to the performance of his/her duties, it should be deemed that the causal relationship exists between them. The causal relationship does not necessarily have to be proved clearly by medical and natural science, but it is necessary