유족급여및장의비부지급처분취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Details of the disposition
On November 1, 2006, the deceased B (hereinafter referred to as the "the deceased") is a person who is employed by D Co., Ltd. (hereinafter referred to as "D") in charge of the collection and transportation of waste sources, etc. and takes charge of waste collection and driving as a simple employee on loading and unloading and loading.
망인은 2014. 1. 11. 폐목재를 수거하기 위하여 거래처인 테코스 주식회사로 차량을 운전하여 나갔는데, 같은 날 10:40경 안산시 단원구 원시동 769-12 이노칩 사거리에 비상등을 켠 채 정차된 위 차량 내부에서 숨을 쉬지 않는 상태로 발견되었다.
The deceased transferred to a nearby hospital by 119 emergency squad, but died at around 12:56 on the same day.
(hereinafter “the instant disaster”). At the time of the diagnosis of death, the deceased’s private person was determined as a “scopic scopic scopic scopic scopic scopic s
On February 11, 2014, the Plaintiff, the deceased’s spouse, claimed that “the deceased’s death constitutes an occupational accident.” However, on April 17, 2014, the Defendant rendered a decision to refuse payment on the ground that “the deceased’s ordinary duty was performed, and there is no special burden to recognize a causal relation between the deceased’s work and the deceased’s death, as it is not confirmed in light of the content of his/her ordinary duty, and it is difficult to recognize a proximate causal relation between the deceased’s work and the death (hereinafter “instant disposition”).
The plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on July 24, 2014.
[Grounds for recognition] Fact-finding, Gap evidence 1-2, Gap evidence 2-4, Eul evidence 1, Eul evidence 1-4, Eul evidence 1, 4, and 5, and the plaintiff's overall purport of the oral argument is legitimate. At the time of the accident of this case, the deceased's physical and mental burden was reasonable since he conducted an operation of cutting and cutting industrial wastes on the new wall every day at a height of 3 meters.