beta
(영문) 울산지방법원 2016.11.10 2015구합6785

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 20, 2015, on the part of the Plaintiff’s husband, the deceased B (hereinafter “the deceased”) was employed in the construction site of the multi-family house located in Daegu Northern-gu Seoul Northern-gu (hereinafter “instant house”) (hereinafter “instant construction site”) as one-time non-public works and was engaged in the installation of a non-public system.

B. At around 07:30 on June 20, 2015, the Deceased’s loaded 3.5 tons of truck at the instant construction site (hereinafter “instant vehicle”) and unloaded 3.5 tons of truck from the non-development plate located on the non-development plate located on the part of the pipe connected to the clamp, such as clamp, which is a material installed in the non-speak, and the steel pipe, pipes, and non-development plate, etc., on the ground, the Deceased fell from the non-development board of approximately 1.4 meters high to the floor.

(hereinafter “instant accident”). The Deceased transferred to a hospital by the instant accident, but was rendered a judgment of death at the said hospital around 08:23 on the same day.

C. In the body autopsy report (Evidence A7) on the deceased, the body autopsy report on the deceased was written on the deceased’s direct death as “unexplosion” and the interim pre-explosionist was written on the deceased’s “ploitry heart funeral” respectively, and the body autopsy on the deceased was not conducted.

On July 9, 2015, the Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on October 15, 2015, the Defendant rendered a disposition on survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “the deceased is presumed to have died due to an heart disease rather than that the deceased died on credit due to fall, and it is presumed that there is no proximate causal relation between the deceased’s death and the work as it is impossible to recognize it as an occupational accident.”

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, each entry of evidence of 6 through 8 (including numbers, hereinafter the same shall apply) and the purport of whole pleadings.