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. On August 16, 2013, the Plaintiff’s husband B (hereinafter “the deceased”) is a person in charge of driving and other duties by entering the United Nations ENS Co., Ltd., which is engaged in the transportation business at the party-in steel 2 plant of the Hyundai Steel Co., Ltd.
B. At around 08:20 on January 23, 2016, the Deceased: (a) performed the work of transporting and pressureing a gathering within a tank in the above plant to a steel plant; (b) was used on the floor and transferred to the hospital; (c) died on the 26th of the same month.
A direct deathist on the deceased's death report is written as a self-explosion cerebral brain.
C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident, and claimed the payment of bereaved family’s benefits and funeral expenses. However, on November 8, 2016, the Defendant rendered a disposition not to pay funeral benefits and funeral expenses on the ground that: (a) the cause of the deceased’s death was self-exploited cerebrovassis accompanied by a previous neological merger; (b) the deceased was treated as a 2-type cronology with a detailed unknown cronology; (c) he was treated as a climatic pressure; (d) there was no unexpected or sudden change in the work environment within 24 hours of the deceased’s outbreak; and (d) one week immediately before the outbreak was given leave; and (e) the average work hours per week during the four weeks and twelve weeks immediately before the outbreak did not meet the chronic level set forth in the Ministry of Employment and Labor’s notice; and (e) there was no occupational fault or stress that may significantly affect the normal function of cerebrovas or
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s 1 to 3 evidence, Eul’s 1 to 3 evidence, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. At the time of death, the Plaintiff’s assertion was exposed to the degradation below 18C at the time of death, and was doing preparatory work in advance, and was transported, within a steel plant above 25C in a state where the inside of the vehicle is not overheated.