유족급여및장의비부지급처분취소
In February 13, 2018, the disposition of bereaved family's benefits and funeral expenses rendered by the Defendant to the Plaintiff shall be revoked.
2. The costs of lawsuit shall be.
Details of the disposition
The deceased B (hereinafter “the deceased”) was employed by D Co., Ltd. (hereinafter “instant Co., Ltd.”) on June 1, 2004 and was employed by D Co., Ltd. (hereinafter “instant Co., Ltd.”) on the third site of E construction works (hereinafter “instant construction works”) from January 16, 2012, and was in general in charge of quality management as the deputy head and the head of the quality team.
The plaintiff is the deceased's child.
Until November 10, 2014, the deceased completed a prior inspection of the current state of cracks in F structure during the instant construction from November 10, 2014, and then lost consciousness while inspecting the current state of cracks on the side of the floor of G at the time of the inspection site.
(hereinafter “the instant disaster”). At around 16:33 on the same day, the deceased found him and moved him to the hospital, but did not birth and died.
On November 9, 2017, the Plaintiff 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.
However, on February 13, 2018, the Defendant rendered a disposition rejecting the payment of survivors’ benefits and funeral expenses to the Plaintiff on the ground that “the deceased’s death, which is an existing disease, has aggravated due to the natural speed of proceeding.”
(2) On May 25, 2018, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on May 25, 2018, but the foregoing Reexamination Committee rendered a ruling dismissing the Plaintiff’s request for reexamination on August 9, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire argument as to whether the disposition of this case is lawful is determined on the work day of the deceased at the construction site of this case. The fixed work day from 07:00 to 17:00. The prescribed work hours are 12:0 to 13:00, and one hour of occupation is 12:0 to 13:00.
Nevertheless, workers at the above site shall normally work up to 06:40 for inquiry, and work up to 7 p.m.