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(영문) 전주지방법원 2014.04.23 2013구합137
유족급여및장의비부지급처분취소
Text

1. On January 27, 2012, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On January 2, 2009, the Plaintiff’s husband (C life, hereinafter “the deceased”) entered D (hereinafter “D”) as a production worker on January 2, 2009 and was in charge of the duties of raw material distribution, pipe packing, loading, etc. as a night guard.

B. On November 13, 2011, at around 19:46, the Deceased was found to have been taken up a face on the ground floor by putting it up into the ground floor, and then was escorted to the emergency room of Kim Jong-si Hospital by the 19:55 emergency squad at around 119:5, while performing cardiopulmonary resuscitation, the Deceased was already dead.

C. The doctor who examined the deceased’s body stated the deceased’s direct death in the written autopsy as the “pactic death due to the closure of the upper body,” and the written opinion of the above Kim Jinan Hospital stated the deceased’s private death as the “snorting color, cardiopulmonary color,” respectively.

The Plaintiff asserted that the death of the deceased constituted an occupational accident and claimed the payment of bereaved family benefits and funeral expenses to the Defendant, but the Defendant rejected payment against the Plaintiff on January 27, 2012 on the ground that it is difficult to recognize a proximate causal relation with the deceased’s private person as a “snurgical death by druplication.”

(hereinafter “instant disposition”) e.

On November 12, 2012, the Plaintiff received a decision to dismiss the request for reexamination on November 12, 2012, on the ground that the Plaintiff was dissatisfied with the instant disposition and filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee (it may be deemed that the deceased was excessive in light of the fact that the deceased continuously worked for at least two years, but it is difficult to recognize proximate causal relation with the deceased’

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 10, Eul evidence 1 to 5, Eul evidence 10, Eul evidence 11 and 12 (which include serial numbers; hereinafter the same shall apply), witness F's testimony, fact inquiry inquiry inquiry reply to D(F) of this court, and arguments.

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