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. The Plaintiff’s spouse B (CB; hereinafter “the deceased”) worked as a bank at the Busan Branch of the National Bank (hereinafter “National Bank”). On January 10, 2013, the Plaintiff’s spouse was killed at around 23:10 on the same day as the Plaintiff was transferred to D comprehensive hospital due to having lost consciousness while boarding a taxi and staying at home.
B. The legal officer E, who conducted the autopsy on the deceased, presumed the cause of the death of the deceased as a acute funeral.
C. The Plaintiff claimed the bereaved family’s benefits and funeral expenses on the ground that the deceased’s death constitutes an occupational accident. On June 30, 2014, the Defendant rendered a decision not to pay bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiff according to the result of the determination by the Occupational Disease Determination Committee, that there is no proximate causal relation between the deceased’s death and his/her duties.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 3, Gap evidence 2, 3, 5, Gap evidence 19-1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the Deceased responded to the customers who were on a monthly basis compared to other points while working at the Busan District Office of the National Bank, and this led to a serious stress on the level of 11 hours per day and the characteristics of the branch.
In addition, the deceased, who was deprived of promotion on the day of his death, was forced to be the first order of voluntary retirement, due to a tension with the influence that he would be the first order of voluntary retirement. However, the deceased was forced to suffer extreme stress due to the decline in the promotion, which led to the decline in the employment.
The Deceased died due to excessive work and stress caused by pressure on promotion as above. On a different premise, the Defendant’s disposition that did not recognize the Deceased’s death as an occupational accident is unlawful.
(b) as shown in the attached Form of the relevant statutes;
(c) fact of recognition 1.