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(영문) 창원지방법원 2015.11.10 2015구단10248

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A. On November 10, 2014, the Plaintiff’s husband’s husband (CB; hereinafter “the deceased”) entered El Electronic Co., Ltd. (hereinafter “instant workplace”) and went back to the hospital by causing severe stoves and respiratory difficulties after returning home on November 19, 2014. However, around 22:00 on the same day, the Plaintiff died of acute heart funeral.

B. Accordingly, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on March 25, 2015 that the deceased’s death constitutes occupational accidents. However, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses on the ground that there was no proximate causal relation with the deceased’s death on March 25, 2015

(hereinafter “instant disposition”). (hereinafter “instant disposition”) without dispute, the gist of the Plaintiff’s assertion of legality of each disposition stated in Gap’s evidence Nos. 2 and 5, and Eul evidence Nos. 1, and the summary of the Plaintiff’s assertion that the deceased would have worked considerably in excess of working hours under the Labor Standards Act at the time of his death. ② The deceased must make an overseas business trip for a period of more than three to four months each year, and the deceased had experienced severe overwork and stress at this time, and had difficulty in applying a transplant law for treatment of informed oil due to local circumstances, such as taking in-depth oil, etc. ③ Non-check’s private life. Considering the above fact that the deceased’s mental health was well known when determining what is, such as overwork or physical labor, etc., and that the deceased’s mental interest, overwork, overwork, and overwork, etc., all of which could have been induced to the deceased’s mental health at his own expense, and that the deceased could not participate in the immediately preceding body food-related work.

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