유족급여및장의비부지급처분취소
In September 23, 2015, the disposition of bereaved family's benefits and funeral expenses rendered by the Defendant to the Plaintiff shall be revoked.
The costs of lawsuit.
Details and details of the disposition
A. On October 1, 1994, the network B (hereinafter “the network”) entered the Korea Electric Power Industry Development Corporation (hereinafter “instant company”) and, at C branch, the instant company was in charge of the external inspection of the electric consumption confirmation work entrusted by the Korea Electric Power Corporation, and was in charge of the external inspection of the electric consumption confirmation work from October 201, and was in charge of the external inspection control, and was in charge of the external inspection.
B. On May 26, 2014, the Deceased died of her own tree in the mountain tree located in the area D located in the new wall Jeju Island.
C. The Plaintiff, the deceased’s spouse, asserted that the deceased’s death constitutes an occupational accident, and claimed the Defendant to pay survivors’ benefits and funeral expenses.
Accordingly, on September 23, 2015, the Defendant rendered a disposition of survivors’ benefits and funeral site pay (hereinafter “instant disposition”) on the ground that “the deceased’s suicide had no serious stress enough to cause suicide, and that there was no mental illness that might be specified in the suicide. The deceased’s suicide cannot be deemed an inevitable choice due to the loss of judgment as an independent suicide. Therefore, on the ground that the deceased’s death is not related to his/her duties.”
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion resulted in suicide because of stress, etc. under the “Operation of Korea Electric Power Corporation and Korea Electric Power Corporation and Korea Electric Power Corporation’s implementation of remote autopsy” during the treatment of mental illness and influence caused significant decline in normal perception, ability to choose an act, and ability to restrain mental disorder.
Since there is a proximate causal relationship between the deceased’s work and the death, the instant disposition is unlawful.
B. The details of the relevant statutes are as shown in the attached statutes.
C. The “occupational accident” as referred to in Article 37(1) of the Industrial Accident Compensation Insurance Act refers to an employee’s injury, physical disability or disability resulting from his/her duties while performing his/her duties.