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(영문) 서울고등법원 2015.06.19 2014누8393

유족급여및장의비부지급처분취소

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the Plaintiff’s claim for the payment of bereaved family benefits and funeral expenses against the Defendant based on the Industrial Accident Compensation Insurance Act, by asserting that the Plaintiff, the husband of the Plaintiff, who had worked in the Dispute Resolution D (hereinafter referred to as the “Dispute Resolution D”) caused the occurrence of suicide on July 8, 201 due to his/her business cause, and that the Plaintiff filed a claim for the payment of bereaved family benefits and funeral expenses with respect to the Defendant on the basis of the Industrial Accident Compensation Insurance Act. However,

The first instance judgment dismissed the Plaintiff’s claim on the ground that there is no proximate causal relationship between the death and the business due to the suicide of B, and the Plaintiff appealed against this.

[Attachment of the relevant Acts and subordinate statutes]

B. Evidence 【Evidence】 A, 2, 3;

4. A.11-1, A.13, 14, 15, B, 15, 3, 4-1, 2, B, 5, 6, 7-7, 8-1, 8-9, and 9 of the entire pleadings, and (i) the parties B (C) entered a plan for the resolution of the bankruptcy district and served as a supervisor in the civil engineering field by April 1996, and until June 2004. The parties entered the plan for the resolution of the bankruptcy district in June 2, 2005 and worked as a supervisor in the supervision division of the supervision division, who was employed as the head of the supervision division on July 2, 2009.

The suicide B, from March 4, 2010 to June 22, 2011, worked as an assistant supervisor at the site of the 2nd National Highway Construction Project in the ancient-Haakdong IC-dong, and used annual leave while taking charge of the annual leave in the position of daedae-dong, around July 6:00, 201, he was killed on July 8, 201 when he was killed on the old Dokkdong-ri, which was located in Gyeongnam-nam-gun, and was found to have committed suicide and was transmitted to a Korean university hospital through the Kannam University Hospital, which was located in Gyeongnam-gun, and was treated after being discovered to neighboring residents. < Amended by Presidential Decree No. 23353, Jul. 8, 2011>

Consolidatedly, the Plaintiff’s refusal to pay survivors’ benefits and funeral expenses to the Defendant on the ground that he died on January 18, 2012 due to his occupational reason.