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. On March 11, 2015, the Plaintiff’s husband B (hereinafter “the deceased”) entered “C” and was in charge of the business of delivering food materials to the delivery site using the freezing tower.
B. On March 14, 2015, the Deceased worked at around 01:30, and was discovered at around 05:10, and died at around 06:15.
C. On May 26, 2015, the Plaintiff claimed the payment of bereaved family benefits and funeral expenses to the Defendant, the Defendant rendered the instant disposition rejecting the payment of bereaved family benefits and funeral expenses on the ground that the deceased’s death does not constitute occupational accidents. D.
The Plaintiff, who is dissatisfied with the above disposition, filed a request for reexamination, but was dismissed on September 17, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the Plaintiff’s assertion that he had a blood transfusion at the time of the outbreak, it is possible to perform normal work at ordinary level. However, due to a sudden change in the work environment, physical rhythm is broken and the existing disease rapidly aggravated at a 13-hour rate above the natural progress rate, there is a proximate causal relation between the deceased’s death and his work.
B. (1) In fact, the deceased was employed on March 11, 2015 and worked for four days until March 14, 2015, which is the date on which the death occurred, as a member of the deceased, on March 11, 2015. The working hours are 02:00-11:30 (time of food death: one hour).
From March 11, 2015, the first attendance date, 2015, 200: (a) 02:00 to 15:00 on March 13, 2015, the transferee took the duty together with his/her full-time officer; (b) on his/her own, from March 13, 2015 to 15:00 to 15:00 on March 14, 2015; and (c) on his/her duty, he/she worked at around 01:30 to 04:00.
It seems that there was no sudden and rapid change in the working environment within 24 hours before the outbreak.
(2) Former history and health conditions.