유족급여 및 장의비 부지급처분취소청구의 소
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 deceased B (Cre, hereinafter “the deceased”) entered into a labor contract with D Co., Ltd. from January 1, 2015 and worked as the head of the war room at the E Apartment Management Office.
B. On February 2, 2019, the Deceased went back around 07:30 and went missing at around 11:30 after leaving his office.
On February 6, 2019, the deceased was found to be the police at his own house around 10:48, and died within approximately 600 meters away from her own house, and was discovered to the police.
C. The Plaintiff, the deceased’s spouse, asserted that the deceased died with occupational and stress, and claimed the payment of survivors’ benefits and funeral expenses to the Defendant.
However, on June 27, 2019, the Defendant rendered a disposition on the Plaintiff on the ground that “it is difficult to clearly confirm or objectively recognize the cause of death, and even if considering the occupational factors comprehensively, there is no proximate causal relation between the deceased’s work and the death.” As such, the Defendant rendered a disposition on the determination of the survivors’ benefits
(hereinafter “Disposition in this case”). 【No dispute exists, entry in Gap’s evidence Nos. 2, 4, and 16 through 22, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that his work age and stress caused by excessive work hours, 24 hours-hour shift work, and civil petitions by occupants, etc., are death by causing cardio-cerebral diseases by worsening high blood pressure, urology, and urology, which are existing diseases, and causing cardio-cerebral diseases.
Therefore, proximate causal relation between the deceased’s work and the death is recognized, and the death of the deceased constitutes occupational accidents.
(b) as shown in the attached Form of the relevant statutes;
C. 1) The Deceased, from 07:00 to 07:00 on the following day, 24 hours a week shift work, and 3 to 4 days a week average.
Recess hours were 3 hours (1:00~14.00) and 1 hours (18:00~19.00) in total for 4 hours.
The day-to-day recess shall be independent.