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(영문) 서울고등법원 2017.09.05 2015누66136

유족급여및장의비부지급처분취소

Text

1. Revocation of the first instance judgment.

2. On April 29, 2014, the Defendant rendered a disposition of bereaved family benefits and funeral site pay to the Plaintiff on April 29, 2014.

Reasons

1. The details of the disposition 【Evidence 1-1, 2, 4-1, 2, and 9, respectively, and the purport of the whole pleadings;

A. On May 31, 201, the Plaintiff’s husband, worked for D Co., Ltd. (hereinafter “instant company”). On May 31, 201, the Plaintiff’s husband, worked for D Co., Ltd. (hereinafter “the instant company”). Around 08:10, the subway station located in Seocho-gu Seoul Metropolitan Government E and the subway site preparation team office of the instant company located in the sixth floor in G building in the vicinity of the Seoul, lost his own consciousness and died around 08:27 on the same day, and the deceased’s will to examine the deceased’s body was presumed to be a serious color.

B. The Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses with respect to the Defendant on April 29, 2014, following deliberation by the Occupational Disease Determination Committee. The Defendant rendered a disposition on survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that it is impossible to find proximate causal relation between the deceased’s death and his/her duty as a person who was suffering from a chronic dyscular heart disease, on the ground that the deceased’s chronic dystro (e.g., acuteity, stress, rapid environmental change, etc. was not verified.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the deceased suffered from a normal heart disease, and was subject to cardiopulmonary surgery in 2008. On May 2008, Incheon Metropolitan City I work at the time of performing the work at the I work site in Incheon Metropolitan City, and around April 201, H construction work was performed at the same time at H construction work site in Gwangju Metropolitan City.

As such, the Deceased, who is geographically away from the two construction sites, has been in heavy pressure and stress while being in charge of the work at a time.

Ultimately, the death of the deceased is caused by his occupational and stress rapidly aggravated the heart disease, which is the existing disease of the deceased, and caused the death of the deceased by in-fluence.