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(영문) 춘천지방법원강릉지원 2015.08.27 2015구합1688
유족급여및장의비부지급처분취소
Text

1. On February 4, 2015, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. A. On July 1998, the deceased B (hereinafter “the deceased”) entered a stock company C (hereinafter “Nonindicted Company”) and retired on December 31, 2009, when it was engaged in safety management, patrol, education, etc., and retired from office. On February 1, 2010, he/she re-entered Nonparty Company as a full-time commissioned member and worked as a person in charge of safety management and safety education.

B. At around 16:40 on July 18, 2014, the Deceased, after completing a report on the results of the education programs on the day at the office of the Environmental Safety Team, Co., Ltd., Ltd., the Deceased, he was cut back to the hospital, and was sent back to the hospital. However, at around 17:10 on the same day, the Deceased died as a private person presumed to have been in the heart fla

C. On September 23, 2014, the Plaintiff, a wife of the Deceased, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant. On February 4, 2015, the Defendant rendered a disposition rejecting the payment on the ground that it is difficult to recognize a proximate causal relationship between the deceased’s death and his/her duties after deliberation by the Seoul Occupational Disease Determination Committee (hereinafter “instant disposition”).

【Ground for recognition】 Each entry of evidence Nos. 1, 2, 3, 10, and 11, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the deceased, as a person in charge of safety management and safety education of the non-party company, has provided safety education to the employees of the non-party company and other partner company, and has been engaged in overtime work every day while performing safety patrol duties in the factory on the Do newsletter, and as a result, after the sinking of the Sewol ferry, the deceased died due to the cardiopulmonary background that occurred while working on the weekend, and caused continuous overwork and stress, and thus, there is a proximate causal relation between the deceased’s performance of duties and the deceased’s death. However, the instant disposition that the Defendant judged differently is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) The deceased’s work (A) the time of the deceased’s ordinary work shall be conducted by the Safety Camp.

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