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(영문) 서울고등법원 2016.09.30 2016누31168
유족급여및장의비부지급처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. B entered C Co., Ltd., a logistics transportation company (hereinafter “instant company”) on October 1, 1998 and served as a business management office.

나. B은 2014. 6. 25. 05:20경 자택 서재에서 잠을 자다가 ‘쿵’하는 소리와 함께 쓰러졌고(이하 ‘이 사건 사고’라 한다), 병원으로 후송되어 치료를 받았으나, 회복되지 못하고 2014. 7. 16. 14:24경 ‘심폐정지, 뇌출혈(동맥류 파열)’로 사망하였다

(hereinafter “the instant death”). C.

On January 12, 2015, the Defendant rendered a disposition of the bereaved family’s benefits and funeral site-based non-payment disposition against the Plaintiff, who is the spouse of B (hereinafter “the deceased”), on the ground that “It is difficult to recognize a proximate causal relationship between the work and the injury-related disease because it is difficult to confirm a serious change in the work environment prior to the outbreak or objective grounds to recognize chronic overwork and stress have not been verified, because it is difficult to recognize a proximate causal relationship between the work and the injury-related disease.”

(hereinafter referred to as the "disposition in this case"). 【Unsatisfyal satisfy, Gap's statements in Gap's 1, 4, and 6, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he worked for more than 65.75 hours per week before the instant accident, by performing overtime work and holiday work in addition to ordinary work hours.

In addition, they were suffering from occupational stress that is difficult to easily understand from commercial D.

As a result, there should be a proximate causal relation between the duties and the death of this case, since cerebral blood transfusion occurred to the deceased.

B. (1) In fact, the Deceased’s current status of service (A) promoted from October 1, 2007 to the manager (general) and took charge of the duties of the staff, personnel management, employment management, employment management of employees, delivery of imported cargo and export cargo, and establishment of a plan for traffic (Pick-up). From October 1, 2007, the Deceased had worked for five days a week from October 00 to 17:00.

The instant company.

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