유족급여 및 장의비 부지급처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The instant disposition B (hereinafter referred to as “the network”) served as a driver at Young-speed Cancer Co., Ltd. (hereinafter “YAC”) on November 29, 2014, saying that the Plaintiff will leave the hospital as it was out of rest in the last bus operation after bus operation on November 29, 2014, and that the Plaintiff would leave the hospital as it was discovered at around 20:00, and then was sent to the hospital at around 21:24, the Plaintiff died at around 21:40.
(Death) The Plaintiff, a spouse of the Deceased, requested the Defendant to pay survivors’ benefits and funeral expenses. On February 3, 2015, the Defendant rendered a decision on the amount of survivors’ benefits and funeral expenses on the ground that there is no proximate causal relation between the deceased’s work and the death.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, 3, and 4, Eul’s evidence No. 1, and the purport of the entire pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s claimant, as a bus driver, has aggravated high blood pressure and brain color, which is an existing disease due to occupational overwork and stress, and led to the death of the deceased due to the heart suspension. Therefore, there is a proximate causal relation between the deceased’s work and death.
Therefore, the instant disposition is unlawful.
B. The term "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to the injury, disease, physical disability, or death of an employee who was caused by his/her duties during the performance of his/her duties. As such, there is a causal relationship between the duties and the occurrence of the accident, and the causal relationship must be proved by the assertion of such causal relationship. Although the direct evidence does not necessarily have to be clearly proved by the medical or natural science, it is not necessarily necessary to prove the health conditions at the time of employment based on the health and physical conditions of the worker in question, whether there is an existing disease, the nature of his/her duties,