beta
(영문) 대구지방법원 2014.12.19 2014구단10290

유족급여및장의비부지급처분취소

Text

1. On August 1, 2013, the Defendant revoked the disposition of bereaved family benefits and funeral site pay to the Plaintiff on August 1, 2013.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband, B (C) performed the operation of the set-off season in the Dispute Resolution Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”). On April 25, 2013, the Plaintiff died of the Plaintiff’s husband in the acute heart color (hereinafter referred to as “instant wound”).

B. On June 25, 2013, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses. However, on August 1, 2013, the Defendant rendered the instant disposition rejecting the payment on the ground that the causal relationship with the deceased B (hereinafter “the deceased”)’s death was not recognized.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased worked in the non-party company, while rapidly increasing the shipment volume of the non-party company on March 2013 and April 4 of the same year, the team members refused to work on holiday work and received serious stress due to the failure of equipment, etc., the deceased’s direct work was continued, such as the parts replacement work, and there was no particular disease, and the deceased died due to overwork and stress. Therefore, the deceased’s death constitutes an occupational accident and the disposition of this case is unlawful.

B. 1) The deceased’s duty, work-type, the deceased’s main role in cutting off rocks above 340 tons from mountain chins to mountain chins, while engaging in production management and personnel management as the head of the production team. The deceased’s working hours were set from 07:0 to 18:00, and 12:00 to 13:00 a.m. respectively, 15 minutes a.m. rest time was set at 15 p.m. in addition to 12:0 to 13:00 a.m... The deceased’s work-based on 5 days a week, and Saturdays worked on a day other than Sundays, and worked on a holiday other than Sundays. 2) The deceased’s death.