유족급여 및 장의비 부지급 처분 취소
In January 29, 2019, the Defendant’s disposition of bereaved family benefits and funeral site-based non-sale benefits rendered to the Plaintiff shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff’s spouse’s deceased B (C life, hereinafter “the Deceased”) served as a pipe facility hole for 30 years and as a part of a day-time work at various construction sites.
B. On March 21, 2018, the Deceased worked first at the “F Loan Construction Site” located in the Eth (hereinafter “the construction site of this case”) and died on July 11, 2018, when he was under construction of piping facilities, he was naturally used and transferred to a nearby G hospital at around 17:57, and was not recovered.
(c)
On July 24, 2018, the Plaintiff applied for the payment of bereaved family benefits and funeral expenses to the Defendant.
On January 29, 2019, the Defendant rendered a decision on site pay (hereinafter “instant disposition”) upon the Plaintiff’s application based on the result of deliberation by the Seoul Committee for Determination of Occupational Disease, that “The work hours during one week prior to the occurrence of the Deceased, work hours during 9 hours, 12 weeks prior to the occurrence of the Deceased, and work hours during 46 hours and 30 minutes, 37 hours and 10 minutes, respectively, do not meet the chronic waterway standards. In full view of the contents of the work and the strength of the work, etc., it is not clearly confirmed that there is no apparent increase in work burden, and it is difficult to recognize a considerable causal relation with the death, and thus, it is difficult to recognize a considerable causal relation with the work and the death.”
(d)
On March 14, 2019, the Plaintiff appealed to the instant disposition and filed a petition for reexamination.
The Review Committee on Industrial Accident Compensation Insurance for the same reasons as the instant disposition on June 5, 2019: Provided, That in the instant disposition, the working hours for the four weeks prior to the occurrence of the Deceased were 46 hours and 30 minutes.
The above ruling considered that the above time was calculated by mistake, and that the work hours were 46 hours and 15 minutes during the four weeks prior to the occurrence of the Deceased.
Considering the lack of objective grounds or medical opinions to recognize the relationship between the death and the person equivalent to the work of the deceased, the death of the deceased is Article 5 of the Industrial Accident Compensation Insurance Act.