유족급여및장의비부지급처분취소
1. The disposition that the Defendant rendered to the Plaintiff on July 26, 2018 as bereaved family benefits and funeral site wages shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On November 15, 2017, the deceased B (CB; hereinafter “the deceased”) entered the company D Co., Ltd. (hereinafter “instant company”).
As the deceased was employed by the instant company under the condition that he works as a material manager in a man-made factory operated by Cambodian Flax (hereinafter “instant factory”), on November 20, 2017, the deceased commenced work in the instant factory from November 21, 2017 after leaving Cambodia as a material manager.
B. On January 12, 2018, the Deceased departed from Cambodia and returned to Korea on January 13, 2018.
The Deceased died on February 26, 2018 while hospitalized in an emergency room in E Hospital on the day of returning to Korea and receiving treatment.
The reason for the death of the deceased was the pulmonary convergence caused by acute dysule depression, and the subsequent low-carbon symptoms caused by this.
C. The Plaintiff, the deceased’s spouse, claimed that the deceased’s death constituted occupational accidents, and claimed the Defendant to pay survivors’ benefits and funeral expenses.
However, on July 26, 2018, the Defendant rendered a decision on the payment of bereaved family benefits and funeral site expenses (hereinafter “instant disposition”) to the Plaintiff on the ground that “the deceased’s short-term task environment is not verifiable, and the deceased’s work environment is not likely to cause avian influenza or waste, and it is difficult to recognize a proximate causal relationship between the deceased’s work and the death.”
On October 26, 2018, the Industrial Accident Compensation Insurance Reexamination Committee dismissed the Plaintiff’s request for reexamination on the ground that it is difficult to recognize the relationship between the deceased’s work and the death.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was infected by Cambodia’s special avian influenza type, and was not easily restored to the relationship without immunity, and on the spot of Cambodia.