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(영문) 창원지방법원 2019.06.05 2018구단11167

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. Summary of disposition;

A. The Plaintiff is the spouse of the deceased B (hereinafter referred to as “the deceased”). On December 19, 2016, the deceased, while working as the manager of the facility management team of C Co., Ltd., on December 22:56, 2016, the deceased found her head D with the chain of chain prepared in advance and caused the death of the deceased, and found her head E as the central control office of the second dormitory, but was found as the 15th floor of the deceased’s 15th rooftop, and died due to a multi-long-term damage.

(hereinafter referred to as “instant accident”). (b)

Accordingly, on March 3, 2017, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that “the deceased died of occupational stress, such as bullying in the workplace.” However, on December 12, 2017, the Defendant rendered a claim against the Plaintiff for the payment of survivors’ benefits and funeral expenses, on the ground that “the deceased is deemed to have died of personal injury rather than occupational stress, and it is difficult to recognize the proximate causal relation between the work and the death.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that occupational stress following the transition of placement around May 2006 caused a mental illness in combination with a rush character of the Deceased, and committed suicide after committing the murdering of a superior who provided the cause of mental illness. Although the causal relationship between the death and the work of the Deceased can be recognized, the disposition of this case in violation of this provision is unlawful.

B. (1) The term "occupational accident" under Article 37 (1) of the Industrial Accident Compensation Insurance Act means an employee's injury, disease, physical disability, or death resulting from his/her occupational performance while performing his/her duties. Therefore, there is a causal relationship between the occupational accident and the disaster.

(2).