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(영문) 부산지방법원 2015.07.22 2014구단20159
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. On March 1, 2011, the Plaintiff’s spouse B (hereinafter “the deceased”) entered Masung Tourism Co., Ltd. (hereinafter “SP”) and served as an operator who operates a transit bus, etc. as a driver.

B. At around 16:40 on December 15, 2012, the Deceased was discovered to be used on the Doscke golf course located in Busan Dong-gu, Busan, Busan, and was transferred to Busan Metropolitan City medical personnel on the 119 first-class way, but died on around 17:55 on the same day. The body autopsy report of the Deceased is written as “cerebrovascular,” which is a direct death, and the cause of direct death, is written as “cerebrovascular,” which is the cause of the direct death.

C. On August 27, 2013, the Plaintiff asserted that the deceased’s death was caused by an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses, but the Defendant rendered a decision against the Plaintiff on August 27, 2013 to pay the survivors’ benefits and funeral expenses on the ground that “the causal relation between the deceased’s death and his/her duties is not recognized” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the deceased, as a bus driver of the non-party company, was in charge of the operation of the transit bus for his/her workers' commuting, was suffering from considerable physical skin and mental stress, including lack of water surface as an excessive work, such as conducting student bus operation duties or conducting long-distance tourist bus operation duties at the weekend. In addition, as a result of the repair cost sharing due to the accident on November 25, 2012, in particular, he/she experienced conflicts with the non-party company and suffered serious stress due to the demand for retirement from the company. Since the deceased did not have any defect in ordinary health due to the above overwork and stress, the deceased was caused by an occupational accident.

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