beta
(영문) 대전지방법원 2020.09.10 2019구단100808

유족급여및장의비부지급처분취소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of the deceased B (hereinafter “the deceased”).

On May 201, the Deceased joined C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) and served as a painting.

B. On January 29, 2018, the Deceased was used at his own home around 18:40, and was diagnosed by the Chungcheongnamnam University Hospital, and thereafter, died on March 28, 2018. < Amended by Act No. 15583, Mar. 28, 2018>

C. On June 21, 2018, the Plaintiff asserted that the deceased died due to occupational malpractice, stress, exposure to harmful substances, etc., and claimed for survivors’ benefits and funeral expenses.

On October 16, 2018, the Defendant rendered a decision on the bereaved family’s benefits and funeral site-based non-payment (hereinafter “instant disposition”) on the ground that “the deceased did not have any sudden or sudden change within 24 hours prior to the symptoms, and there was no increase of working hours and workloads by at least 30% compared to 12 weeks prior to the outbreak, during the twelve weeks prior to the outbreak, the average working hours per week during the twelve weeks prior to the outbreak do not reach the chronic level as determined by the Ministry of Employment and Labor’s notice, and there was no high blood pressure, stroke, etc., and there is no proximate causal relation with the deceased’s death.”

E. On February 28, 2019, the Plaintiff appealed and filed a request for review following the procedure of the request for review, but was dismissed.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Eul's 1, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s work burden on the deceased was excessive, and the average temperature of one week prior to the occurrence was zero (8 degrees), and the deceased’s work itself is recognized as a factor of the duty burden, such as exposure to harmful substances. As such, the death of the deceased constitutes an occupational accident, the instant disposition on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes.

C. The deceased 1’s findings of recognition.