유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. A. On December 27, 2015, the Plaintiff’s husband, as a daily worker employed by C, was dispatched to D and served as a daily worker employed by C, and was found to have been used inside the workplace while cutting the pipes of vessel block pipes inside D factories around 15:00.
After the above accident, 119 first aid team transferred the deceased to an E Hospital near the deceased, but the deceased had already died before the deceased arrive in the emergency room of the above hospital.
B. The Plaintiff filed an application for the payment of survivors’ benefits and funeral expenses with the Defendant, claiming that the deceased died during the performance of his/her duties, but the Defendant rendered a decision on May 3, 2016 on the payment of survivors’ benefits and funeral expenses based on the determination of the Busan Committee for Determination of the Disease in Busan, on the ground that there is no proximate causal relation between
(hereinafter “instant disposition”). C.
The Plaintiff filed a request for examination against the Defendant on November 14, 2016, but received a decision to dismiss the examination request on the ground that the Plaintiff filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee on March 30, 2017, but the request for reexamination was dismissed.
On April 19, 2017, the Plaintiff was served with a written ruling dismissing the above request for reexamination.
【Ground of recognition】 The fact that there has been no dispute, Gap's No. 1, 3, Gap's No. 4-1, 2, Eul's evidence No. 6 and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the deceased worked as a ship pipeline hole, and the work environment was not good and the intensity was strong.
In particular, from two weeks before death, more than 20% of the working hours per week has increased to meet the payment period, and physical excess has been accumulated.
The business owner demanded the deceased and workers to work, and the deceased was under considerable mental stress on the day of the accident, as there was a combustibility between the deceased and the chief of the working group.
As such, the division shall be accumulated, and mental.