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(영문) 대구고등법원 2015.01.16 2014누4574

유족급여및장의비부지급처분취소

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 26, 2012, the Plaintiff’s husband He worked as a permanent agricultural cooperative (hereinafter “former Agricultural cooperative”) (hereinafter “the deceased”). On November 29, 2012, the Plaintiff’s husband’s husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her her husband’s her husband’s her around 18:00 on the same day. However, around the same day, the Plaintiff died by directly

B. On April 3, 2013, the Plaintiff filed a claim with the Defendant for the payment of bereaved family benefits and funeral expenses, alleging that the death of the deceased was due to occupational malpractice and stress.

C. On May 24, 2013, the Defendant rendered a decision to refuse payment to the Plaintiff on the ground that “The occurrence of a sudden and unexpected event related to the duties within 24 hours prior to the outbreak and the rapid change in the work environment are not objectively confirmed, and there is no objective confirmation that there was an excessive physical or mental burden compared to ordinary duties for one week prior to the outbreak or for three months or longer, and thus, it is not recognized as a proximate causal relation with the deceased’s duties and death” (hereinafter “instant disposition”).

On July 10, 2013, the Plaintiff dissatisfied with the instant disposition and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee. However, on August 22, 2013, the Plaintiff’s request for reexamination was dismissed.

[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 subject to a high level of special audit on extracurricular loans handled in the agricultural community while living in the agricultural community, and the results of audit showed that most relevant employees, including the Deceased, including the deceased, were subject to disciplinary action.

The Deceased is as above.