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(영문) 부산지방법원 2016.08.17 2015구단1759
유족급여 및 장의비 부지급 처분 취소
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 Plaintiff’s spouse B (hereinafter “the deceased”) worked for D Co., Ltd. (hereinafter “Nonindicted Company”) in charge of electrical construction among C Co., Ltd. (hereinafter “Nonindicted Company”) and was discovered at Nonparty Company’s accommodation around 06:00 on November 24, 2014.

(hereinafter “instant disaster”). B.

The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and demanded the Defendant to pay survivors’ benefits and funeral expenses. However, on April 14, 2015, the Defendant refused to pay survivors’ benefits and funeral expenses on the ground that there is no proximate causal link between the instant accident and the deceased’s work according to the result of deliberation by the Occupational Disease Determination Committee.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 and 2, Eul evidence No. 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was as follows: (a) from July 24, 2014, when the Deceased was employed in the non-party company from the date of the instant accident to the date of the instant accident, both physical and mental stress were accumulated by engaging in night work or overtime work to meet the air as a field manager.

As the deceased died of the above overwork or stress, the death of the deceased constitutes an occupational accident, and the Defendant’s disposition based on the different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. According to the Industrial Accident Compensation Insurance Act, "occupational accident" refers to an employee's injury, disease, disability or death caused by an occupational reason, and in order to be recognized as a disaster caused by an occupational reason, the accident is caused by the occupational accident, and there is a proximate causal relation between the occupational accident and the accident. In this case, the causal relation between the worker's accident and the duty should be proved by the claimant.

The existence of causation is not an average person.

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