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. On June 26, 2013, the Plaintiff’s ASEAN (hereinafter “the deceased”) is a person who entered a limited liability company (hereinafter “instant company”) engaging in the Round service at the Incheon Public Port and served in the cargo operation division.
B. On July 31, 2014, the Deceased told the instant company to retire early without going to work at the field-based resting place, and was found to have died at the off-line driver’s seat parked in the parking lot of the said resting place on August 11, 2014 following the following day.
In the autopsy report on the deceased, the cause of death is stated as a acute funeral (including the war such as acute fluorial fluorial fluorial fluorial fluor).
C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident and claimed the payment of survivors’ benefits and funeral expenses. However, on July 1, 2016, the Defendant rendered a disposition to pay survivors’ benefits and funeral expenses on the ground that there is no proximate causal relation between the deceased’s work and the deceased’s death on the ground that, considering the duty of work, etc., the deceased performed the duties of import, export, import, release, taking-out, loading, unloading, etc. from the cargo manufacturing division, and on the ground that there is no proximate causal relation between the deceased’s work and the deceased’s death on the grounds that there is no check of
(hereinafter “instant disposition”) D.
The Plaintiff filed a request for examination against the instant disposition with the Defendant, but the Defendant rendered a decision to dismiss the Plaintiff’s request on November 10, 2016.
Therefore, the Plaintiff filed a petition for review with the Industrial Accident Compensation Insurance Reexamination Committee, but on March 16, 2017, the said Committee rendered a ruling dismissing the Plaintiff’s petition for review.
[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1, 4, 7, 11, 13, 14, and 24, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s working hours are the deceased.