유족급여및장의비부지급처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. On July 8, 2010, B, the Plaintiff’s spouse, joined the subordinate tower, Inc. (hereinafter “Nonindicted Company”) and performed the original package and container loading work.
B. B, around 11:40 on September 18, 2014, while being engaged in the packing of spawned by the non-party company, was used by himself and sent to the hospital, but died of 13:01 on the same day (hereinafter “the instant disaster”), and as a result of the autopsy, the private person was found to have been “non-cerebral cerebral leukprophal typosis (e.g., e., e., e., the instant injury”).
C. On September 24, 2014, the Plaintiff filed a claim against the Defendant for survivors’ benefits and funeral expenses on the ground that the deceased’s death (hereinafter “the deceased”) was an occupational accident. However, on January 15, 2015, the Defendant rendered a disposition not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the disease was caused by the rapid increase of blood pressure while moving to a main body of 40 km at the time of the instant accident, or by the cumulative work of 65-70 hours a week from June 2014 to the time of the said accident without any holiday, resulting in the occurrence of the disease and the death of the deceased. As such, the deceased’s death should be recognized as an occupational accident.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. 1) The Deceased’s duties and form of work of the deceased were affiliated with the packaging team of the non-party company, and was engaged in packing and container loading work. The working hours were 08:00-19:00, and the point time was 12:00-13:00, and the point time was 12:00-13:00, and the duty was performed from the Saturday to the Saturday.