유족급여등부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff’s spouse B (hereinafter “the deceased”) was found to be run in the floor level around 16:20 on March 24, 2017 and transferred to a medical institution on March 26, 2017, as employees of C who manufacture the fishery products canned. However, on March 26, 2017, the Plaintiff’s spouse died as “direct cerebrovascular.”
B. On March 9, 2017, the Plaintiff filed an application with the Defendant for survivors’ benefits and funeral expenses on the ground that “the deceased died due to cumulative occupational tasks,” but the Defendant, on June 23, 2017, issued a disposition of the survivors’ benefits and funeral funeral expense (hereinafter “instant disposition”) to the Plaintiff on the ground that “the deceased does not fall under the standards for rapid environmental change due to his/her duties at the time of the outbreak, and the deceased did not fall under the standards for recognition of work, and there was a connection with the deceased, and it appears that he/she died due to natural disasters.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including provisional number), Eul evidence Nos. 1 through 6, 17, and 18, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Although the Plaintiff’s assertion was excessive, the Defendant misleads the Defendant that he had performed the duties of the robbery performed by the business owner’s unilateral assertion, and the Deceased did not have a high blood pressure, so it should be deemed that the Plaintiff caused the death of the Plaintiff. However, the instant disposition denying the relevance of the duties was unlawful.
B. (1) Determination (1) In order to become an occupational accident under Article 4 subparag. 1 of the Industrial Accident Compensation Insurance Act, there must be a causal relationship between the occupational and the disease. However, if the main cause of the disease was not directly related to the performance of the duties and the occupational road, etc. overlaps with the main cause of the disease and causes or worsens the disease, the causal relationship should be deemed to exist.
The causal relationship does not necessarily have to be proved clearly by medical, natural and scientific aspects, but all the circumstances.