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(영문) 대구지방법원 2016.04.15 2014구단11255

유족급여및장의비부지급처분취소청구의소

Text

1. Each of the plaintiffs' claims is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 18, 2013, the deceased C (hereinafter “the deceased”) took an accident of collision with a vehicle parked as a part of driving due to around 2:40 new walls and returned to a business entity around 3:20, and was transferred to a D hospital, and was treated as “the trokes of the left part, scarkes, scarkes, brains, and scarkes of the two sides,” and was treated as “the scarkes of the instant injury” (hereinafter “the instant injury”).

B. On August 26, 2013, the Deceased, who was discharged from the hospital as of August 26, 2013 and was committing suicide on September 15:15, 2013 while the Deceased was at home.

C. The Plaintiffs filed a claim against the Defendant for the bereaved family’s benefits and funeral expenses with respect to the deceased’s parents. However, on May 21, 2014, the Defendant rendered the instant disposition that did not pay bereaved family’s benefits and funeral expenses on the ground that “the deceased was brain hys before the traffic accident, and cannot be deemed as suicide due to brain damage caused by the traffic accident.”

【Fact-finding without a dispute over the ground for recognition】 Facts, entries in Gap evidence 1 through 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiffs’ act of suicide committed by the deceased, which is an occupational accident, shall be recognized as an occupational accident, since the mass cerebral cerebral cerebral Bribery by the instant traffic accident, which is an occupational accident, has been punished by controlling the state of the deceased’s mental disorder.

B. The facts of recognition (1) 1, such as the family relationship of the deceased, ① the Plaintiff’s mother and the deceased’s mother-friendly Plaintiff B, who frequently claimed them. The Plaintiff’s father, who performed alcohol, was fit to the Plaintiff, and was fluent with a small height, was also fluent to the parents.

② On the day of suicide, the Deceased was dissatisfied with his parents, and there was also a dispute with the mother immediately before the suicide.

③ The Deceased obtained a loan of at least three million won from two lending companies and lent the loan to his/her relative, and the relative did not pay the loan to his/her relative, and it was caused by the borrower’s employee at his/her own house on the day immediately before the suicide.