logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.09.10 2015구단410
유족급여청구 등 지급부결처분취소
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. From October 1, 2013, the deceased B (hereinafter “the deceased”) served as a night seller from 21:00 to 09:00 of the following day (12 hours a day) from EM in Seo-gu in Gwangju, Seo-gu, Gwangju (hereinafter “the deceased”). On June 11, 2014, the deceased was under treatment after being sent to the hospital, which was used in air conditioners and adjacent to the air conditioners (hereinafter “the disaster in this case”), but died on July 9, 2014.

B. On February 11, 2015, the Plaintiff, a de facto spouse of the Deceased, filed a claim against the Defendant for survivors’ benefits and funeral expenses under the Industrial Accident Compensation Insurance Act on the ground that “the deceased died to his/her night duty and holiday duty due to his/her death during a long time, and thus his/her death constitutes an occupational accident.”

C. The Defendant rendered a disposition of bereaved family's benefits and funeral site pay (hereinafter "the instant disposition") on April 29, 2015, according to the results of deliberation by the Gwangju Occupational Disease Determination Committee on April 22, 2015, that “the deceased's over-the-job stress is not confirmed, and that the deceased's injury was caused due to high blood pressure and the natural aggravation of the heart disease, which is an existing disease, in the age of 72 years old.”

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, 17, Eul's 1 and 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was healthy to the extent that the distance of about 3 km from the house to the Matet would be seen as healthy, and there was no open space, and there was no high blood pressure diagnosis or no high blood pressure therapy.

However, since the night work was conducted every day except twice a month, it is used due to the excess because it was done every day.

There is a proximate causal relation between the death and the fruit of the deceased.

Therefore, the deceased’s death constitutes occupational accidents, and thus, the instant disposition is unlawful on a different premise.

(b) Entry in the attached Form of relevant statutes;

(c).

arrow