유족급여 및 장의비 불승인처분취소
1. On November 6, 2015, the Defendant’s disposition of bereaved family benefits and funeral expenses against the Plaintiff shall be revoked.
2...
1. Details and details of the disposition;
A. On April 1, 2006, the Plaintiff’s husband B (C) entered Hart Co., Ltd., Ltd. (at present lotar Co., Ltd., Ltd., and hereinafter “instant company”) as sales staff. On March 1, 2011, the Plaintiff’s husband B had been promoted to the sales department, and served in D Hart (current Ehart) store.
B. On November 25, 2014, at around 09:39, B died in an emergency room at the F Hospital on the same day, at the entrance entrance entrance of the said 3th floor immediately after the work, due to chest pains and respiratory difficulties.
(hereinafter referred to as “the deceased”). C.
On November 6, 2015, the Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant, but the Defendant rendered a decision on the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) according to the result of the Determination of the Occupational Disease Determination Committee that “It is difficult to recognize a proximate causal relation between the duties and the injury or disease, as the average working hours per week prior to the outbreak do not meet the excessive standard and it is not confirmed that there was a sudden stress increase in the duties.”
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
(a) as shown in the Attachment of the relevant statutes;
B. The “occupational accident” under Article 5 subparag. 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 his/her duties and the disaster. However, even if the existing disease is not directly related to his/her duties, if it becomes worse or becomes worse due to an occupational accident, over-the-counter, stress, etc., or the symptoms thereof, the causal relationship between his/her duties should exist.
In this case, it shall be proved by the assertion of causation.