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. At around 05:30 on September 8, 2015, the Plaintiff’s spouse, was a worker employed at a private-use forestry cooperative in Jeju-gun, and was discovered after having died at the instant site on the same day while being put into the “E site” located in Gangwon-gun, Gangwon-do (hereinafter “instant site”).
B. After conducting the autopsy and appraisal on the deceased, the National Institute of Scientific Investigation presumed the deceased’s private person as “emergency funeral service”.
C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident, and claimed the payment of survivors’ benefits and funeral expenses, but on February 23, 2016, on the ground that there is no proximate causal relation between the deceased’s death and his/her duties, the Plaintiff was determined by the Defendant’s determination of the amount of survivors’ benefits and funeral expenses (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Deceased’s assertion that there was a proximate causal relation between the deceased’s death and the work since the deceased died when she sawd heavy equipment, the weight of which is about 15 to 20km on the day of the death, saw the forest, saw the mountain, and was engaged in an advanced work, such as livering work by using mechanical saws, etc. at the same time, and died. In addition, since there is a high probability that the deceased would have received appropriate first aid immediately after the deceased’s use of the emergency contact system, the deceased’s death was caused by such management defect.
B. 1) In fact, the deceased, as a daily worker, has been engaged in the work of cutting trees at the machinery saw by the Defendant from June 2008.