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(영문) 부산지방법원 2016.09.28 2015구단21739
유족급여 및 장의비 부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 1, 2014, the Plaintiff’s spouse B (hereinafter “the deceased”) is preparing to work at his home on March 21, 2015 while serving as security guards of the Dvalescent Hospital located in Busan Seo-gu C (hereinafter “instant hospital”).

Along with all kinds of tests and medical treatments, due to symptoms that have difficulty in respiratory, they were sent to a hospital, but died on March 24, 2015 as "patchosis" at around 02:41.

B. On July 29, 2015, the Plaintiff applied for the payment of bereaved family’s benefits and funeral expenses to the Defendant. On October 23, 2015, the Defendant rendered a decision on the payment of bereaved family’s benefits and funeral funeral expenses (hereinafter “instant disposition”) to the Plaintiff on the ground that “The deceased’s application for the injury and disease does not seem to have any fruit enough to cause the closure in light of the deceased’s work contents and working hours, and, in the case of the deceased, it is possible to have aggravated due to the injury and disease or overwork, but it is extremely poor in work relations in view of the deceased’s injury, work environment, and working hours, etc. as a result of the deliberation by the Occupational Disease Determination Committee, on the ground that it is extremely low causal link with the deceased’s work.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3 (including virtual number), Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion was that the Deceased worked for 57 hours and 45 minutes a week exceeding 40 hours a week as stipulated in the Labor Standards Act in the form of a 24-hour shift system, and that the Deceased was in full charge of the repair management of the instant hospital as well as the collection and delivery of disposable diapers, etc., which are general medical wastes, including patients’ clothes and divers, etc.

In addition, the deceased was subject to considerable stress due to the retirement of his/her staff members, the number of part-time trainees, who are not his/her suspended personnel, and the number of remaining part-time trainees, and the retirement time was delayed.

The Deceased shall perform such an excessive work as above.

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