beta
(영문) 청주지방법원 2015.12.03 2015구합818

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 28, 2002, the Plaintiff’s husband (hereinafter “the Plaintiff’s husband”) entered into the Dispute Resolution Co., Ltd. (hereinafter “Non-Party Co., Ltd.”). On May 3, 2010, the Plaintiff was discovered after being dead from the F apartment Nos. 102, 102, and 102, a dormitory of the Non-Party Co., Ltd., a dormitory in Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-do, E, as the head of the domestic business headquarters of Non-Party Co., Ltd., whose assignment was changed on December 20, 2013.

According to the report on the results of a medical investigation of the deceased, the cause of the deceased's death is presumed to be a acute funeral due to his blood relationship.

B. On June 5, 2014, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes an occupational accident. However, on July 14, 2014, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses on the ground that the deceased’s death was not an occupational accident.

(hereinafter “instant disposition”). C.

On October 13, 2014, the Plaintiff filed a request for review with the Defendant on October 13, 2014. However, the said request was dismissed on December 24, 2014, and the Industrial Accident Compensation Insurance Review Committee filed a request for reexamination on March 26, 2015, but the said request was dismissed on May 8, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On May 3, 2010, the gist of the Plaintiff’s assertion increased difficulties in performing duties, such as accepting customer complaints, after the assignment to the position of the deceased as the head of the domestic business center of the non-party company as the head of the services team, which was changed on May 3, 2010, and the replacement of the deceased as the head of the service team of the non-party company’s domestic business center, and the difficulty in performing his duties was increased, and the deceased’s work had been discussed to the health staff. The deceased had been engaged in additional duties other than ordinary duties for “the formulation of the 2014 business plan for three months prior to the death,” and thus, the physical and mental burden of the deceased increased,