유족급여 및 장의비 부지급 처분 취소
1. Revocation of a judgment of the first instance;
2. On October 15, 2015, the Defendant’s payment of survivors’ benefits and funeral expenses to the Plaintiff.
1. The grounds for the judgment of this court partially citing the judgment of the court of first instance are as follows: “1. The developments leading to the disposition of this case” is legitimate;
A. The plaintiff's assertion;
(b) the relevant provisions;
(c) Until the part of the judgment of the first instance, with the exception of modifying some of the following, it is identical to the corresponding part of the reasons for the judgment of the first instance (from 4 to 6 pages, up to 9 to 12 pages), and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. Each of the “this Court” in Articles 12, 13, and 14 of the judgment of the first instance is entirely replaced by “the court of the first instance”.
2. The portion different from the judgment of the court of first instance
D. The “occupational disease” included in the “occupational accident” under Article 5 subparag. 1 and Article 37 of the Industrial Accident Compensation Insurance Act refers to the disease or disease caused by the worker’s handling of, or being exposed to, harmful or dangerous factors in the course of performing his/her duties, the disease caused by occupational injury, and other disease caused by the worker’s occupational injury, which is caused by the worker’s occupational injury during his/her duties, and thus, there is a causal link between the disease and the disease caused by the worker’s death.
However, even if the main cause of the disease is not directly related to the performance of duties, if at least the overwork or stress overlaps with the main cause of the disease and causes or worsens the disease, it can be deemed that there is a causal relationship among them. The causal relationship does not necessarily have to be proved clearly in medical and natural science, and in light of all the circumstances, there is proof even if there is a proximate causal relationship between duties and the disease.
In addition, it is proved that the basic disease that can work normally at ordinary times or the existing disease is caused by excessive work and is rapidly aggravated above the natural progress speed.