유족급여및장의비부지급처분취소
1. On April 6, 2015, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.
2...
The details and details of the disposition and the Plaintiff’s father C (D) joined the E Co., Ltd. (hereinafter “E”) on February 1, 2007, and was assigned to E’s Second Factory 2 Plant Breeding Management Team from June 1, 2012.
C At around 13:00 on August 30, 2014, after leaving the company's dormitory on the same day, C sent an entertainment time, such as drinking place, from around 21:40 on the same day to around 03:00 on the same day, and returned to the company's dormitory on August 31, 2014. At around 03:30 on August 31, 2014, it was found that the company died from the company's dormitory G around 17:25 on August 31, 2014.
(A) On August 31, 2014, the Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant on August 31, 2014. However, on April 6, 2015, the Defendant rendered a decision on the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) based on the result of the Determination by the Occupational Disease Determination Committee that “it is difficult to recognize a proximate causal relation with the deceased’s private personality in light of the characteristics of the disease as it is judged as an existing disease of an individual with low relevance to his/her duties, such as overwork, etc.” (hereinafter “instant disposition”).
[Ground for recognition] A without dispute, Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 5 and 9, and the purport of the entire argument as to the legality of the disposition of this case is as shown in the attached Form of the relevant statutes.
The term "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee's performance of his/her duties, and thus there is a causal relationship between the business and the disaster, even if the accident is an existing disease not directly related to his/her duties, if it becomes worse or its symptoms become worse due to an occupational accident, over-the-counter, stress, etc., it shall be deemed that there exists a causal relationship between the business and the disaster.
In this case, the causal relationship should be proved on the side of the assertion, but the causal relationship should be proved.