유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff’s husband’s husband B (hereinafter “the Plaintiff”) worked as the chief of the material team in D Co., Ltd. (hereinafter “instant company”).
B. On November 18, 2015, around 12:41, 2015, the Deceased sent back to the hospital by causing a sudden pulmone disorder on the books of the instant company’s office, and being defrisoned, but a serious stop occurred due to the “brupt ST Section rise.”
After that, the Deceased who was in a mixed state died on December 9, 2015.
C. On December 16, 2015, the Plaintiff asserted that the death of the deceased constitutes an occupational accident, and filed a claim for survivors’ benefits and funeral expenses with the Defendant. However, on March 2, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that “the deceased’s death is determined as an occupational accident or was under stress, and the deceased’s death is determined as an occurrence of a disease due to the low-risk disease of the deceased (high-tension, urology, and phism), and thus, there is no proximate causal relation between the deceased’s death and his/her duties.”
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that he had been engaged in overtime work on a regular basis, and had been affected by chronic tasks such as working on Saturdays due to depression, had considerable stressed due to fear of layoff or work, and caused death.
Therefore, the instant disposition that was determined on a different premise is unlawful even if the proximate causal relationship between the deceased’s death and the work is recognized.
B. 1) The Deceased was employed as a non-regular employee on May 1, 1994, including (1) the Deceased’s working content and working hours, and (2) the Deceased was employed as a full-time employee on July 1, 200.
(2) The Deceased is working in the instant company.