beta
(영문) 부산지방법원 2016.06.15 2015구단21241

유족급여및장의비부지급처분취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On January 12, 2015, C entered D Co., Ltd. (hereinafter “Nonindicted Company”) and served as a person in charge of loading and unloading as a staff. On March 3, 2015, C, while carrying out his/her duties at the 3rd seat of the place of business of Nonparty Company, he/she was transferred to the hospital by complaining of the pains of the chest and the clothes, but died on March 4, 2015.

B. The death diagnosis written by the doctor E of the East Asia University Hospital is written by the person directly responsible for the death (hereinafter “instant injury and disease”).

C. The Plaintiffs, the parents of C (hereinafter “the deceased”), asserted that the deceased’s death constituted occupational accidents, and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on June 25, 2015, the Defendant rendered a decision not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) according to the results of deliberation by the Occupational Disease Determination Committee, that the proximate causal relation with the duties of the superior branch of this case is not recognized (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 20, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the business strength, working environment, etc. of the Plaintiffs’ assertion, it is evident that the Deceased was subject to physical and mental burden by exposing long time to the workplace of low temperature and heavy work.

In addition, the Deceased was continuously put in night work, which is engaged in night work, with physical excess, and stressed while performing his/her duties, and is not subject to special health examinations and appropriate measures for health protection as stipulated in the laws and regulations, and increases the death of “cerebrovascular disease.” Such overwork and stress had an impact on the dead’s high blood pressure, which is an existing disease, resulting in death.

In full view of the above circumstances, the death of the deceased has a proximate causal relation with his duties.

(2) in this case.