유족급여및장의비부지급처분취소
1. The disposition that the Defendant rendered to the Plaintiff on September 23, 2013 as bereaved family benefits and funeral site wages shall be revoked.
2. The costs of lawsuit shall be.
Details of the disposition
From November 12, 2010, the deceased B (hereinafter referred to as the "the deceased") began to serve as the leader of the electricity room in the Bupyeong-gu Incheon Bupyeong-gu C Apartment Management Office.
around 13:02 on April 18, 2013, the Deceased was used as a math to carry out the landscaping work of the above apartment, and was sent back to the ND Hospital via D Hospital, but died of 19:28 on the same day.
The deceased's private person was diagnosed as a serious suspension due to acute scarcity.
On August 1, 2013, the Plaintiff filed a claim for the payment of bereaved family benefits and funeral expenses with respect to the Defendant’s Vice Governor of Incheon North Korea, who was the deceased’s spouse, due to occupational malpractice and stress.
However, on September 23, 2013, the Defendant’s Vice-Governor of Incheon North Korea issued a disposition of bereaved family’s benefits and funeral site expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that there is no proximate causal relation between the deceased’s work and the deceased’s death.
The Plaintiff filed a request for reexamination against the Industrial Accident Compensation Insurance Review Committee (see Articles 103 and 104 of the Industrial Accident Compensation Insurance Act) on the instant disposition, but the Industrial Accident Compensation Insurance Review Committee dismissed the Plaintiff’s request for reexamination on January 10, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, and the purport of the entire argument as to the legitimacy of the disposition of this case as to whether the disposition of this case is legitimate or not, the plaintiff asserted that the plaintiff did not have sufficient rest hours due to frequent civil petition filed by apartment residents while performing a shooting-day work, and mental and physical stress was serious, such as working in a narrow place with severe noise.
In addition, the Deceased was suffering from mental stress on the day of the occurrence of the disaster by receiving a great quality book from the head of the management office E, who is the company of the accident.
The deceased was caused by the above physical and mental stress in the line of duty and died.