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(영문) 대전지방법원 2015.10.16 2014구단712

유족급여및장의비부지급처분취소

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The deceased B (CB, hereinafter “the deceased”) is a worker belonging to the Seobu Agricultural Cooperative (hereinafter “CF”) and died at his own house located in Daejeon-gu, Seo-gu, Daejeon (Seoul) around July 2, 2013.

B. On October 4, 2013, the Plaintiff, as the deceased’s spouse, claimed bereaved family benefits and funeral expenses to the Defendant.

C. On November 14, 2013, the Defendant rendered a decision on the payment of the bereaved family's benefits and funeral allowance (hereinafter "the instant disposition") against the Plaintiff on the ground that “The Defendant appears to have suffered a somewhat mental stress due to his personal performance or omission in promotion, etc. before the death, but it does not seem to have been seen to have been affected by the death, but the change in the working environment, such as the sudden breakdown before the death, was not verified, and the average weekly working hours are less than 60 hours, and there is no need to confirm the occupational course and stress at a short-term and chronic death level, and there is no proximate causal relation between the work and the death, as it is medically difficult to know the cause of death.

[Ground of recognition] Facts without dispute, Gap 1 through 8, 23 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased’s private person is presumed to be a heart soldier.

Since the Deceased worked in a combination of pressure and performance on his/her performance, stress caused by the omission of promotion, etc. resulting from business activities in order to enhance pressure and performance, there is a proximate causal relation between his/her duties and death.

Therefore, the instant disposition is unlawful.

B. Determination 1) Gap evidence Nos. 1, 10, 11, 14 through 16, 26, 27 (the evidence Nos. 10 included numbers, the statement Nos. 4 and 5, the inquiry results on Ethical members of this court, the results of the examination of medical records entrustment to the Korean Medical Association, and the overall purport of arguments, namely, the following circumstances acknowledged as follows: ① The deceased’s private person was not identified; the deceased’s blood pressure was high as a result of the medical examination.