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(영문) 인천지방법원 2017.03.16 2016구합53092

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 22, 2001, Nonparty B, the Plaintiff’s wife, was waiting for buses in front of the office building in Jung-gu, Jung-gu, Incheon Metropolitan City to move to a street cleaners around 12:40 on November 5, 2015 while working as a street cleaners on May 22, 2001, and was sent back to the hospital immediately, but died at around 12:53 on the same day.

(hereinafter referred to as “the deceased”). B

The direct death of the deceased in the body autopsy report is a "pactic funeral", and the preceding death is an "unexploitable funeral".

C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, the Defendant refused the Plaintiff’s claim on June 23, 2016 according to the result of deliberation by the Committee for Determination of Minor Occupational Diseases for which proximate causal relation between the deceased’s death and the work is not recognized.

(hereinafter referred to as "the Disposition in this case"). / [Grounds for recognition] without dispute, each entry in Gap evidence 1 through 6 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a healthy condition, including a normal cardio-cerebrovascular disease.

However, in order to clean a large quantity of fallen leaves from October 2015 to around the day of death, the deceased died from the acute heart due to accumulated skin, stress, etc. so the deceased's death constitutes occupational accident.

(b) as shown in the attached Form of the relevant statutes;

C. (1) The term "occupational accident" refers to an employee's injury, disease, physical disability, or death caused by "in the course of performing his/her duties" in the "occupational Accident". As such, there is a causal relationship between the occupational accident and the disaster, and the causal relationship must be proved by the party asserting it. Thus, it is clear in the medical and natural science by direct evidence.