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(영문) 수원지방법원 2020.05.20 2019구단7403
유족급여및장의비부지급처분취소
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. B (CB; hereinafter “the deceased”) is a person who works as a production adviser from February 16, 2016 to “E” operated by fraud D, and the Plaintiff is a decedent of the deceased.

B. On January 15, 2018, at around 08:30, the Deceased worked at the G located in the Gyeonggi-si, Gwangju-si, and left the factory for a short time and left the dormitory to make it difficult for the Deceased to enter the dormitory because his/her body is not good, and he/she did not enter the dormitory, and thus, an on-site employee entered the dormitory and opened the dormitory, and therefore, he/she was used without food, and was under medical treatment after being escorted to the G hospital by the 119 emergency squad. On January 24, 2018, the Deceased died due to the “dive proponing blood” due to the “dive proponing blood” around 01:20.

C. On October 2018, the Plaintiff requested the Defendant to pay bereaved family benefits and funeral expenses pursuant to Article 21(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act on the ground that the death of the deceased constitutes occupational accidents under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

In light of the deceased’s working hours, contents of work, etc., the deceased’s death is confirmed as having died due to a serious stop due to divesing-out of multi-exption, and when considering the deceased’s symptoms, it is not confirmed that the occurrence of a sudden and difficult incident or a sudden change in the work environment related to his duties within 24 hours prior to the occurrence of symptoms has not been verified, and that the quantity or time of work within one week prior to the occurrence of the occurrence is increased by at least 30 percent per week average between the 12 weeks prior to the outbreak (excluding one week prior to the outbreak of illness) or that there was no change to the degree that it is difficult for the deceased to adapt to the intensity of work, responsibility, work environment, etc., the hours of work prior to the occurrence of about 40 hours per week prior to the outbreak, about 37 hours per week average, about 30 minutes per week prior to the outbreak, about 12 weeks prior to the outbreak, and about 41 minutes per week average by 12 weeks prior to the outbreak.

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