유족급여및장의비부지급처분취소
1. On April 21, 2014, the Defendant’s disposition of bereaved family benefits and funeral expenses against the Plaintiff shall be revoked.
2...
1. Details of the disposition;
A. The Plaintiff’s husband B (hereinafter “the deceased”) entered the Small and Medium Business Corporation (hereinafter “the instant Corporation”) on January 7, 1991 and worked at its affiliated regional headquarters, etc., and was issued as C branch on January 1, 2012.
B. On May 18, 2013, the Deceased, who was living together with the Plaintiff, etc., committed suicide on the rooftop of the apartment building in Yangcheon-gu Seoul Metropolitan Government (hereinafter “multi-family housing”).
C. On November 26, 2013, the Plaintiff asserted that the death of the deceased constitutes an occupational accident, and filed an application for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on April 21, 2014, the Defendant rendered a decision on site payment to the Plaintiff on the ground that “The deceased mainly caused suicide due to his personal vulnerability, and it is difficult to deem the deceased’s death as an occupational accident.”
(hereinafter “instant disposition”) D.
On November 10, 2014, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee. However, the Plaintiff was dismissed on November 10, 2014.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 7, and 54, and the purport of the whole pleading
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased committed suicide without having lost normal perception and mental suppression due to stress and depression caused by overwork. As such, the deceased’s death constitutes an occupational accident.
(b) Entry in the attached Form of relevant statutes;
C. (1) The term "occupational accident" under Article 37 (1) of the Industrial Accident Compensation Insurance Act refers to an injury, disease, physical disability, or death of an employee who was caused by his/her duties while performing his/her duties, and thus there is a proximate causal relation between the duties and the disaster.
The proximate causal relation is proved by the assertion, but it is not necessarily proved by medical or natural science.