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(영문) 대구고등법원 2016.10.07 2016누4769

유족급여및장의비부지급처분취소

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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.

Reasons

1. Details of the disposition;

A. The Plaintiff’s spouse B (C) entered the National Agricultural Cooperative Federation (hereinafter “CF”) on April 16, 1987 and worked as a bank member. From February 8, 2011, the NAD branch of the NAF (hereinafter “instant branch”) took charge of attracting outstanding customers and managing the PB team.

B. From around 19:00 on July 18, 2014 to 23:30 on the same day, B returned to the restaurant with the customers of the instant branch, after drinking alcohol, and returned to the restaurant on July 19, 2014, around 00:20 on the same day, after receiving first aid from an emergency room at around 06:30 on the same day, he was found to have been in a state of suspension of pulmonon around 23:40 on the same day while taking rest at the house, and then returned to the hospital again on July 20, 2014 on the same day, but around 0:50 on July 20, 2014, he died to the heart (hereinafter “instant injury”).

C. The Plaintiff claimed expenses for survivors’ benefits and funeral on the ground that the death of B (hereinafter “the deceased”) falls under an occupational accident. However, on February 26, 2015, the Defendant rendered a disposition not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the deceased’s death and his/her work, following deliberation by the Daegu Occupational Disease Determination Committee (hereinafter “Determination Committee”) on March 19, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 3, 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that there was no particular problem in the ordinary health in addition to high blood pressure. Since pressure on excessive work and promotion has beend, the Plaintiff’s assertion that the disease of this case rapidly aggravated due to excessive drinking while contacting customers with excessive stress, and caused the death.

The above formula is a job.