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(영문) 제주지방법원 2015.08.05 2014구합5501

유족연금 및 장의비 부지급결정처분취소 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

On January 18, 2010, the Plaintiff’s network B (CB; hereinafter referred to as “the network”) entered a new interest-based logistics company as an alcoholic beverage delivery facility and took charge of the supply of alcoholic beverages, liquor and bond management, terminal operation and orders.

On December 19, 2013, around 05:50 on December 19, 2013, the Plaintiff discovered that the Deceased lost his mind at his own home and used without consciousness, and contacted with the 1119 Rescue Team and transferred it to a D Hospital. However, the Deceased died on December 19, 2013.

The Plaintiff asserted that the deceased’s death is due to overwork and stress due to his personal injury, and claimed the bereaved family’s benefits and funeral expenses to the Defendant.

On August 6, 2014, the Defendant reviewed the duties, period of service, advisory opinion, etc. of the Deceased, and rendered a decision to refuse payment on the ground that the direct death on the body of the deceased could not be confirmed as the cause of death due to a private person, and that there was a vacancy in some number of persons as a workshop, but there was no proximate causal relation between the duties and the injury and injury as the manager did not confirm, such as support, etc. (hereinafter “instant disposition”).

[Reasons for Recognition] In light of the Plaintiff’s assertion of legitimacy of the disposition of this case as to the Plaintiff’s work hours, work contents, work quantities, etc. in the company of this case, the Deceased was accumulated with chronic skin and stress.

As the work environment and the intensity of work have rapidly changed, the deceased has rapidly aggravated the existing disease from the transitional point of view and caused the death.

There is a proximate causal relation between the death and the work of the deceased.

관계 법령 ▣ 산업재해보상보험법 제5조(정의) 이 법에서 사용하는 용어의 뜻은 다음과 같다.

1. The term “occupational accident” means an employee’s injury, disease, or disability caused by an occupational reason.