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(영문) 울산지방법원 2016.06.23 2015구합5904

유족급여및장의비부지급처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the wife of the deceased B (Nam, C, and hereinafter “the deceased”).

B. On October 15, 2012, the Deceased joined the waste collection and transportation disposal business of D located in Yong-Gun, Yong-do, Seoul, and worked as Pokeer news articles, around 12:00 on April 7, 2014, the Deceased was used as cerebral typhism and cerebral typhism and cerebral typhism in the E Warsaw room. Around 12:00 on April 7, 2014, the Deceased died of the F Hospital on April 25, 2014.

C. The direct cause of the deceased’s death is a multi-chronopic organ, which is caused by brain-resistant pulmonary blood, cerebral cerebral typhism, cerebral typhism, and brain pressure and cerebral typhism arising therefrom, in order. D.

The Plaintiff claimed for the payment of bereaved family benefits and funeral expenses to the Defendant, but on June 10, 2015, the Defendant rendered a site pay disposition (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the deceased’s work and the death.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 10, 14 through 18, Eul evidence 2, 3 and 4 (including additional number, including it; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was at least four years’ work in E, while transporting and disposing of wastes using the scopher equipment on various construction wastes, and was exposed to materials that may cause physical and health harm, such as heavy quantity of industrial wastes, dust dust, etc. generated in the process.

In particular, the deceased was connected to a high-tension cable, and the deceased was exposed to dangerous and harmful environments such as high voltage cable itself and electromagnetic waves, and it was reasonable to vibration or noise level in the workplace.

Ultimately, the deceased is equivalent to the factors that may cause the above physical and health disorder.