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(영문) 대구지방법원 2018.08.24 2017구단11171
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. The deceased B (hereinafter “the deceased”)’s spouse was an employee of the Jinyoung Development Co., Ltd. (hereinafter “Saeong Construction Co., Ltd.”), and worked as the site manager of the “C Sewage culvert Corporation” subcontracted by the Jinyoung Construction Co., Ltd. (hereinafter “Sail”). On February 5, 2016, the deceased Company transferred to D Hospital with the old soil and saves, and was transferred to the Gannam University Hospital after undergoing the diagnosis of “brain and infectious infection,” and received hospitalized treatment until March 18, 2016, and was discharged from the hospital on the spot on March 23, 2016, but the status was not good.

B. On April 18, 2016, the Deceased heard the talk that he/she should perform a surgery in the human trial room, and transferred to the E hospital the body to the E hospital, and received surgery, such as cutting off one bridge from a dyscule caused by dysule, but died at the dysule he/she died at around 11:10 on April 18, 2016.

C. The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on March 8, 2017, the Defendant rendered the Plaintiff a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that taking account of the following: (a) the Plaintiff’s death was objectively verified: (b) the sudden and rapid change of the work environment related to the work prior to the illness, (c) the long-term and long-term course of the work, (d) the personal disease related to the heart of the heart, such as an unidentified’s chest and scarcity, and (e) the emotional disease related to the heart, such as the preparation of a detailed prescription after 2014, was confirmed; and (b) the deceased’s death was determined to have

[Ground of recognition] Facts without dispute, Gap evidence 6-1, 2, Eul evidence 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is serving as the head of two construction sites.

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