1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On January 27, 2014, the Plaintiff’s spouse B (CB, hereinafter “the deceased”) entered into a labor contract with D’, a long-term care institution for home care, and took charge of home care as a caregiver from around that time to January 21, 2016, and took charge of home care duties from the 22th day of the same month.

B. On June 24, 2016, the Deceased was used while cleaning D toilets around 16:50 on June 24, 2016.

The Deceased was transferred to a F Hospital located in the vicinity of D, and was diagnosed as the “probial probial probial probial transfusion”, and was transferred to the Ganbuk University Hospital and was treated thereafter, but died at around 21:09 on the same day.

C. A doctor affiliated with the Gyeongbuk University Hospital diagnosed the deceased’s private person as “serious cerebrovascular.”

On April 19, 2017, the Plaintiff asserted that there was a proximate causal relation between the deceased’s work and the death, and claimed the Defendant to pay survivors’ benefits and funeral expenses.

However, on June 16, 2017, on the ground that there is no proximate causal relation between the deceased’s work and the death, the Defendant determined the bereaved family’s benefits and funeral site expenses, and notified the Plaintiff thereof.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 2, 5, 8, 14, 21 through 25, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Under Article 32(4) of the Act on Long-Term Care Insurance for the Aged, Article 24(2)1 of the Enforcement Rule of the Act on Long-Term Care Insurance for the Aged, and [Attachment Table 9] of the Enforcement Rule of the Welfare of the Aged Act, at least one caregiver per facility user should be appointed.

At the time of the death of the deceased, approximately 18 facility users were employed by D, and D had three caregivers, but only the deceased and G caregivers performed the work and the work of the deceased was aggravated.

In addition, the deceased shall not be granted a statutory recess under Article 54 of the Labor Standards Act.