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(영문) 인천지방법원 2018.12.21 2017구합52829

유족급여및장의비부지급처분취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On April 22, 2009, the network D (EE; hereinafter “the network”) entered the F Co., Ltd. F (hereinafter “instant workplace”) as an appointed researcher, and promoted to the responsible researcher in 2012, and promoted to the Department on January 1, 2016.

Plaintiff

A is the deceased's wife, the plaintiff B and C are the deceased's children.

B. On August 21, 2016, at around 04:00, the deceased started with his home located in Seoul, and arrived at the city of 08:00, and went to the city of 14:19, and went to the city of 18:19, and went to the city of 18:16, and went to the house of 18:16, and went to the house of 23:00. On August 22, 2016, the deceased her home was collected at around 08:30, and was found to have gone to the house of 14:19, and went to the house of her home at around 18:16.

C. The Plaintiffs asserted that the deceased’s death constitutes an occupational accident and filed a claim for the payment of bereaved family’s benefits and funeral expenses. However, on June 2, 2017, the Defendant, on the part of the deceased, performed ordinary duties without confirming any special burden of death in relation to the duties, etc. performed before the deceased’s death. Moreover, inasmuch as it is impossible to clearly confirm the cause of death and proximate causal relation between the death and the duties, the Plaintiffs rendered a disposition of bereaved family’s benefits and funeral expenses based on the result of

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 10, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. After the promotion of the Minister of Justice on January 1, 2016, the deceased asserted that he/she had been in charge of the purchase, production, quality, human resources, accounting management, research, and development as a researcher for the development of his/her own products, and the president of the Cerber tape business division takes charge of both the purchase, production, quality, human resources, accounting management, and development, and he/she is under the heavy duties, regardless of daily and holiday, low and night hours.