유족급여및장의비부지급처분취소
1. Revocation of the first instance judgment.
2. On January 14, 2013, the amount of bereaved family benefits and funeral expenses the Defendant paid to the Plaintiff.
1. Details of the disposition;
2. Whether the instant disposition is lawful
A. The plaintiff's assertion
B. The court's explanation of each of the above facts is the same as the reasoning of the judgment of the court of first instance. Thus, it shall be accepted by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
C. The term "occupational accident" refers to an occupational disease caused by the worker's occupational performance during his/her work, which requires a proximate causal relation between the worker's occupational and the disease. In this case, the causal relation between the worker's occupational and the disease should be proved by the assertion. However, even if the main cause of the disease is not directly related to the performance of his/her duties, if the occupational course or stress overlaps with the main cause of the disease and causes the disease at least, the causal relation should be deemed to exist. The causal relation does not necessarily have to be proved by medical and natural science, and in light of all the circumstances, it should be proved even if there is a proximate causal relation between the occupational and the disease.
In addition, the basic disease or existing disease that can normally work in the ordinary world is caused by excessive work and is rapidly aggravated at a natural progress speed or higher, shall be included in the case where it is proved, and the existence of the causal relationship between the work and the disease should be determined on the basis of the health and physical conditions of the worker concerned, not the average person.
(see, e.g., Supreme Court Decision 2008Du23764, Apr. 9, 2009). In light of such legal principles, in full view of the following circumstances acknowledged by the evidence as seen earlier, proximate causal relation between the deceased’s overwork and the death caused by cerebral marc fever should be acknowledged.
On September 2014, the Supreme Court recognized a proximate causal relationship between the ro-ro and the brain beer.