유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From June 17, 2015, the deceased B (hereinafter “the deceased”) served as a daily worker in a production-based position at C (hereinafter “instant workplace”) from June 17, 2015.
B. Around 13:40 on June 26, 2015, the Deceased was used in the instant place of business, and was transferred to a D Emergency Hospital, and was subject to emergency measures. At this point, the Deceased died on June 27, 2015, when he/she was given medical treatment by being transferred to the Korean Forest University East Ampia Hospital.
C. The Plaintiff, the deceased’s spouse, asserted that the deceased’s death constitutes an occupational accident, and claimed the Defendant to pay survivors’ benefits and funeral expenses.
Accordingly, on May 19, 2016, the Defendant rendered the bereaved family’s benefits and funeral’s site-based compensation disposition (hereinafter “instant disposition”) against the Plaintiff on the ground that the proximate causal relationship between the deceased’s “influenite and blood secting surgery”, a private person, and the deceased’s work, cannot be acknowledged.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-3, 6, 13, and 14, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the Plaintiff’s assertion’s summary, the deceased, who could easily have been exposed to a relatively insignificant external history, was shocked by shock in the body of clothes that may occur in the daily work process at the instant workplace, and was killed by a low-blood shock. Accordingly, the deceased was killed by a low-blood shock.
Therefore, since there is a proximate causal relationship between the deceased’s work and the death, the instant disposition is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. The "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by the worker's performance of his/her duties, and thus there is a causal relationship between the business and the disaster. In this case, the causal relationship should be attested by the party asserting it, but the causal relationship must be medically and necessarily.