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(영문) 전주지방법원 2015.07.17 2015구단431

유족급여 및 장의비 부지급 처분 취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. From July 2, 2012, Non-Party B (hereinafter referred to as “the network”) served in the Motor Vehicle C (hereinafter “SP”) manufacturing company. On January 19, 2014, Non-Party B (hereinafter referred to as “SP”) came to work as the Non-Party Company in India, and was sent back to the GPP Hospital by 119, and died.

B. At the time of arrival of 119, the deceased had already been in the state of respiratory, beer and food, and medical institutions had the cause of death of the deceased, and the autopsy had not been conducted.

C. On March 18, 2014, the Plaintiff, the husband of the Deceased, asserted that the Deceased died due to an occupational reason and claimed the Defendant to pay survivors’ benefits and funeral expenses under the Industrial Accident Compensation Insurance Act.

However, on April 11, 2014, the Defendant rendered the instant disposition rejecting the payment of survivors’ benefits and funeral expenses on the ground that “The cause of the death of the deceased is insignificant and difficult, or there is no proximate causal relation between the work and the injury and injury of the deceased, as the result of an examination of the deceased’s duty, work period, medical record, video material, doctor’s opinion, advisory opinion, opinion of advisory opinion, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, 5, 6, 8, 9, 23, and 2-1, 2, and 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the deceased had an existing disease, such as an empty blood, was engaged in overtime work and holiday work since seven weeks prior to the death of the deceased, due to the cooperative’s circumstances.

Due to the remarkable increase in the work, the physical and mental stress continued to the deceased, and as a result, the existing disease of the deceased rapidly aggravated more rapidly than normal natural progress, the deceased died.

Therefore, the deceased died due to occupational malpractice and stress, so the deceased dies.