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1. Revocation of a judgment of the first instance;
2. On October 9, 2012, the amount of bereaved family benefits and funeral expenses paid by the Defendant to the Plaintiff.
Reasons
1. Details of the disposition;
A. The network B (Cre, hereinafter referred to as “the network”) served as the site manager of the construction work of the studio located D (hereinafter referred to as “instant building”) at the time of the Yancheon-si (hereinafter referred to as “instant construction”).
B. At around 15:40 on June 14, 2012, the Deceased was discovered on the second floor of the construction site of this case, and was returned to a single university hospital, but was already deceased.
As a result of the autopsy on the deceased, the private person is in a acute heart color due to a blimatic heart disease.
C. On October 9, 2012, the Plaintiff, the deceased’s spouse, claimed for the payment of survivors’ benefits and funeral expenses to the Defendant, but the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “it is difficult to recognize occupational physical load, and it is difficult to recognize a proximate causal relationship between the death and the business since the existing disease was judged to have deteriorated due to natural progress.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9, Eul evidence Nos. 3 and 10, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased worked on a holiday, Saturday, and Sundays over 90 days from March 10, 2012 to June 13, 2012, and that the deceased worked on a holiday, Saturday, and Sundays only for 6 days, but the number of overtime work hours was 23 days, excess work hours was 409 hours, and worked on an average of 68.25 hours per week from May 17, 2012 to June 13, 2012; ② construction work experience was first assigned to a field manager without experience; ③ absence of pumps, trees, and steel bars; ④ delay in the construction due to stone storage; ④ delay in the payment of industrial accidents verified; ④ the deceased’s previous conviction and investigation into the deceased’s death were conducted by the labor inspector after filing a complaint with the labor inspector during the course of his/her duty.