유족급여및장의비부지급처분취소
In May 1, 2018, the Defendant’s disposition of survivors’ benefits and funeral site pay made to the Plaintiff shall be revoked.
The costs of lawsuit are assessed against the defendant.
1. Details of the disposition;
A. From May 24, 2017, the Plaintiff constructed a toilet in the site of a new apartment construction project located in Chungcheong City.
B, the spouse, as the assistant of the Plaintiff, was sleeped or moved to others, and was cleaning and arranging toilets.
B. B, while working at the construction site around 18:30 on August 4, 2017, at the construction site, vain zone was put in vain, and the inner part was put in rest in a mersh, and died after being sent to the hospital.
From the following, B is referred to as “the deceased” (hereinafter referred to as “B”).
The autopsy determined that the deceased's private death was the deceased's heart disease. D.
On May 1, 2018, the Defendant rendered a disposition to pay bereaved family benefits and funeral expenses to the Plaintiff on the ground that “the deceased is not recognized to have difficulty in business operations or to have a sudden change in the environment, or to have a chronic course, but not to have a proximate causal relation between business and death as a result of the death of an on-board occupational engine and the heart of the heart, which is an individual disease.”
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;
3. The following facts and circumstances may be acknowledged or known in full view of the facts and evidence as seen earlier as to whether the Defendant’s disposition of the bereaved family’s bereaved family’s benefits and the funeral site security measure was lawful, as well as the statements in Eul’s evidence Nos. 5 through 11 (including additional numbers), the images of evidence No. 10, and the purport of the entire pleadings as to the testimony of
According to this, the deceased died while on-site work without showing any special symptoms.
The deceased worked in long time and high temperature weather for performance rate and reduction of air force.
Considering the health and physical conditions of the deceased in light of the standards, it is reasonable to deem that the heart disease, etc. of the deceased has deteriorated at a natural speed and died while performing his/her duties.
The proximate causal relationship between work and death is recognized.
A. The Deceased.