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(영문) 대전지방법원 2015.07.10 2014구단100575

유족급여및장의비부지급처분취소

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1. On March 5, 2014, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On June 3, 2013, B Co., Ltd. (hereinafter “B”) entered into a contract with the competent local government-authorized group on June 5, 2013, with the date of commencement, December 1, 2013, the date of completion, and the total construction cost of KRW 580,149,90 (hereinafter “instant construction”).

B. On June 4, 2013, the deceased D (EE, hereinafter “the deceased”) was appointed as the head of the instant construction site on the part of the employees affiliated with B.

C. On October 16, 2013, the Deceased was found to have been used at the construction site of this case and was sent to the Hanyang University Hospital, and died at around 16:5 on the same day.

The results of the autopsy by the National Science Investigation Institute are as follows: “The heart (440g) shall be reported from the heart and the heart of the high-level and the middle-level shall be considered from the main heart beer, and the opinions of the heart and the low-level of cardio-higher cells and cardio-higher cells shall be considered as the heart disease in the heart.” The deceased's private person shall be determined as a brudial heart disease.

E. On March 5, 2014, the Plaintiff, the deceased’s spouse, claimed bereaved family benefits and funeral expenses to the Defendant. On March 5, 2014, the Defendant rendered a disposition of survivors’ benefits and funeral site pay (hereinafter “instant disposition”) against the Plaintiff on the ground that “The Plaintiff did not confirm the unexpected or sudden change in the work environment prior to departure, and the number of working days and time are not confirmed, and it cannot be deemed that the Plaintiff was subject to physical and mental occupational burden that could have a significant influence on the normal function of the cardio-cerebrovascular. Moreover, there was medically low-income urology, and it was determined that such low-income disease was naturally aggravated by a person’s personal organ and caused the outbreak and death.” Thus, there is no proximate causal relation between the work and the cause of death of the deceased.”