유족급여 및 장의비 부지급처분 취소
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 February 16, 2004, the deceased B (hereinafter referred to as “the deceased”) joined D Co., Ltd. (hereinafter referred to as “instant company”) as the type of design. From April 2004 to May 2013, general GUI (GUI), Junior CD from June 2013 to May 2014, 2014, the company was in charge of the mobile phone distribution design, etc. produced by the instant company. < Amended by Act No. 12873, Apr. 2, 2004; Act No. 12935, Jun. 6, 2013; Act No. 12848, May 2017>
B. At around 23:00 on May 11, 2017, the Deceased returned home from the instant company, but did not work on the following day. On May 14, 2017, the Deceased was found to have been seated at his home and died.
As a result of the autopsy on the deceased, the National Science Investigation Institute grasped the private person of the deceased as a heart sculption (including acute sculphical sculption).
C. On October 18, 2017, the Plaintiff, his father, asserted that the death of the deceased constituted an occupational accident, and claimed the payment of bereaved family benefits and funeral expenses to the Defendant.
On February 14, 2018, the Defendant rendered a disposition of survivors’ benefits and site pay for funeral expenses (hereinafter “instant disposition”) to the Plaintiff according to the Seoul Occupational Disease Determination Committee stating that “The Defendant did not confirm the sudden change of working environment related to the situation or duty immediately before the outbreak, had worked for two days prior to the outbreak, but had worked for five days, and the average work hours during twelve weeks prior to the outbreak do not constitute a chronic fault. There was risk factors, such as high blood pressure, dystrophism, and dystrophism, etc., which are existing diseases, not recognized during the outbreak. Therefore, there is no proximate causal link between the deceased’s death and duty.”
Accordingly, on April 9, 2018, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee. However, the said Committee is related to the death and work of the Deceased on June 21, 2018.