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(영문) 서울고등법원 2016.03.09 2015누60770
유족급여등부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Details of the disposition

A. B, on November 14, 2014, worked at C Company at around 07:15, and was sent back to the hospital and then died on November 16, 2014 after having been sent to C Company at work (hereinafter “instant accident”).

(hereinafter referred to as “the deceased”) b.

On February 12, 2015, the Plaintiff, who was the wife of the Deceased, claimed bereaved family benefits and funeral expenses to the Defendant, and on February 12, 2015, the Defendant determined the amount of bereaved family benefits and funeral funeral expenses on the ground that there is no proximate causal relation between the deceased’s duties and the deceased’s prop

(hereinafter “Disposition of this case”). [Grounds for recognition] The Disposition of this case is legitimate in the disposition of the whole pleadings, Gap’s evidence Nos. 3, 5, 7, Eul’s evidence Nos. 3 through 6

A. The Plaintiff’s assertion that the deceased died on three days after being used in a toilet in the workplace. As such, the deceased’s death falls under an occupational accident, or the deceased’s occupational course due to the rapid increase in the total amount of work before the accident and the health of the business owner due to the increase in stress caused by employees who are not well in compliance with psychological pressure and instructions to the effect that he/she should leave the business of the business owner. As such, the deceased’s death constitutes an occupational accident.

B. As stated in the relevant statutes and regulations attached thereto, the relevant statutes and the relevant regulations are as follows.

C. 1) On August 2007, the Deceased was employed by the company C on the part of the Deceased and was in charge of the operation of the carcles and the contact work.

B) At around 07:00 to 07:15, the Deceased waiting at work at the office, while going to work at work, and was going to work at the office from 08:00, and went to work at around 17:00. The time immediately preceding the instant accident, the daily average work hours at 44 hours, the weekly average work hours at 48 hours, and 51 hours per week average work hours at 48 hours, and the weekly average work hours at 51 hours per 12 weeks, are the larger amount to be completed by October 2014.

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