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(영문) 청주지방법원 2019.12.19 2018구합3672

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. B (hereinafter referred to as “the deceased”) is a person who works as a pump driver from “D” operated by the same birth C, and the Plaintiff is the spouse of the deceased.

B. Around 08:15 on March 3, 2018, the Deceased was cut to an emergency room of the Chungcheong University Hospital by the 119 Emergency Squads, while working at the construction site around Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, and was escorted to the emergency room of the Chungcheong University Hospital. However, at around 09:03 on the same day, the Deceased died with a acute scarcity.

C. On March 16, 2018, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses pursuant to Article 21(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act on the ground that the death of the deceased constitutes occupational accidents under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

On June 14, 2018, the Defendant, following an investigation, determined the amount of bereaved family benefits and funeral site expenses (hereinafter “instant disposition”) to the Plaintiff on the following grounds:

As a result of the review of the deceased’s duty of strength of work, hours of work, forms of work, changes in work environment and adaptation period, degree of mental tensions, work environment, and other details of the deceased’s statement, the details of the deceased’s medical treatment on September 27, 2016, which was verified on the medical records of the deceased’s past health insurance records, were verified, and the details of the deceased’s medical treatment were verified as the “scopic injury before the Macopic injury,” and medically, the deceased’s medical records verified that the conditions of the deceased’s previous disease and the heart were increased, and it appears that the deceased’s death was a sudden death caused by the heart disease.

While the Deceased performed a pumps operation duty, the average working hours per week during four weeks prior to the outbreak except rest hours are 24 hours and 45 minutes, and the average working hours per week prior to the occurrence of 12 weeks during 26 hours and 47 minutes prior to the occurrence, and is not recognized as an occupational department because it does not exceed the working hours for the relationship with the outbreak of cerebrovascular diseases or cardioscular diseases as publicly notified by the Ministry of Employment and Labor.