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(영문) 울산지방법원 2016.07.28 2016구합203

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 12, 2013, the deceased B (hereinafter referred to as “the deceased”) entered a company Plus Co., Ltd. (hereinafter referred to as “Nonindicted Company”) and carried out the delivery of automobile parts, and the Plaintiff is the deceased’s father.

나. 망인은 2013. 8. 17. 11:50경 소외 회사 소유의 D 봉고차량(이하 ‘이 사건 차량’이라고 한다)을 운전하여 부품을 배달하게 되었는데, 양산시 E에 있는 F골프장 입구 신호등 없는 ‘ㅏ’형 삼거리를 직진하던 중 오른쪽에서 좌회전하던 스포티지 차량과 충돌하였다

(hereinafter referred to as the “instant accident.” The Deceased, who was coming from the instant vehicle to the other party, was killed while being sent to the hospital by the first-aid vehicle, after examining the collision level of the said vehicle.

C. On November 3, 2015, the Plaintiff claimed that the Defendant pay bereaved family benefits and funeral expenses.

However, on November 30, 2015, on the ground that there is no proximate causal relation between the business and death, the Defendant rendered the Plaintiff a disposition of survivors’ benefits and funeral site pay (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 10, Eul evidence 1 (including provisional number), 4 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the deceased worked in the non-party company, while entering the non-party company, was under serious stress in order to deliver the automobile parts as soon as possible, including working in Busan, Yangsan and Ulsan. At the time of the death of the deceased, the external temperature was 37°C at the time of the death of the deceased, and the deceased was in the state of tension at the same time as the heart was unreasonable. due to the shock of the instant accident, the deceased was in the state of tension.

As the above factors act together with the deceased, the Hemical heart disease, which is the existing disease of the deceased, has deteriorated, and as a result, the deceased has died.