유족급여 및 장의비부지급처분
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 July 20, 2015, the Plaintiff’s spouse B (hereinafter “the deceased”) entered a stock company C (hereinafter “instant company”) and worked at the sales fund design team.
B. At around 11:20 on January 28, 2016, the Deceased was used in the design work at the instant company, and transferred to Seoul National University Hospital by the 119 Emergency Medical Service, but died on January 28, 2016.
C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on October 4, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that “It is difficult to deem that there was no special occupational burden to the extent that the deceased’s death constitutes an occupational accident, and the working hours are too excessive, and when considering the death certificate and medical record, etc., the deceased’s private person cannot confirm the cause of death due to the injury, and thus it is difficult to recognize the cause of death due to the occupational accident.”
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased worked in the Tae Young Elevator Co., Ltd. with the instant elevator installation and repair business prior to his severance from office. After his severance from office to the instant company, the Plaintiff was in charge of design business irrelevant to the previous business.
The above design work requires a thorough and detailed work, and the deceased of a thorough and sincere nature was subject to heavy stress.
In addition, the deceased was able to take a string by frequent strings while performing design work without being able to see, and not only was able to take a strings but also worked for a long time on the strings, and more than two hours per day.