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(영문) 서울고등법원 2015.05.19 2014누42973

유족급여및장의비부지급처분취소

Text

1. Revocation of the first instance judgment.

2. On June 22, 2012, the Defendant’s disposition of survivors’ benefits and funeral site pay to the Plaintiff.

Reasons

1. The court's explanation concerning the instant case is to add the following (f) to the grounds of the judgment of the court of first instance No. 7 and No. 12, the grounds of the judgment of the court of first instance, and 2. D among the grounds of the judgment of the court of first instance.

Except as mentioned below, the part of “judgment” as stated in the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, and thus, it shall be quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

[Supplementary Part] (F) With respect to the request for the appraisal of medical records by the court of the trial of the party, there was no basic disease that may cause cerebral cerebral ties, such as blood pressure, urology, eurology, dystrophism, and urine, on the reply of the deceased by the head

Occupational overwork-related stress is a tension that can cause erost cerebrovascular diseases due to the influence of the maintenance of the body at all times, but is not a direct cause of an erophal cerebrs disease.

In addition, there is no accurate epidemiological investigation data that cerebrovascular diseases occur due to occupational or stress in the occupational group, such as the deceased, and it cannot be determined that the occurrence of this case had a significant impact.

However, there is a medical report that causes cerebrovascular diseases by affecting the physiological function cycle(rhythm: rhythm: 24 hours) when there is a lot of night work.

The work method that must work more than 10 hours can be more serious work or stressed on the deceased who has a disease of post-sign escape in comparison with physical health.

[Supplementary Use]

D. (1) Determination of the Industrial Accident Compensation Insurance Act refers to an occupational disease caused by a worker’s occupational negligence during his/her work, and thus there is a causal relationship between the occupational and the disease caused by death. However, even though the main cause of the disease is not directly related to the performance of his/her duty, it is at least that of occupational stress or stress.