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(영문) 광주고등법원 2016.10.13 2015누6186

유족급여및장의비부지급처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On November 2, 1974, the Plaintiff’s spouse, the deceased B (hereinafter “the deceased”) entered the C Co., Ltd. (hereinafter “C”) and retired on December 31, 2012, but re-entered the Gwangju Factory as a technical employee for six months from February 1, 2013 to July 31, 2013.

B. On February 21, 2013, the deceased left the China for the purpose of improving the process of stabilizing the process of refining, which was taken place on June 14, 2013, and was later sent to the ETA Hospital in 19:00, while working at the YA factory, the deceased died due to the respiratory cycle decline (hereinafter “the instant disaster”). As a result of the autopsy, the deceased was confirmed as having been “the cardio-cerebrovascular disease (high pressure and cardio-cerebral hemopic hemopic hemopic hemopic helopic hemopic helopic helopic helopic (hereinafter “the instant injury”).

C. On March 10, 2014, the Plaintiff asserted that the deceased’s disease and accident in this case constitute occupational accidents as a worker C, and claimed bereaved family’s benefits and funeral expenses to the Defendant.

On May 19, 2014, the Defendant issued a disposition not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the duties and the injury and disease on the ground that it is judged that there is no confirmation of occupational course or stress to the extent that the injury and disease in the instant case is likely to occur, and thus, there is no proximate causal relation between the duties and the injury and the injury and disease’s injury and thus, it does not constitute a worker at a workplace governed by the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-2, Gap evidence 2-11, the purport of the whole pleadings

2. The plaintiff's assertion and relevant Acts and subordinate statutes;

A. The Plaintiff’s assertion (1) Industrial Accident Insurance Act.