2014Guhap518 Revocation of revocation of the payment of survivors' benefits and funeral expenses

A person shall be appointed.

Law Firm Taesan, Counsel for the defendant-appellant

[Defendant-Appellee]

A person shall be appointed.

Representative C

Attorney Kim Dong-hee, Counsel for the defendant-appellant

May 21, 2015

June 18, 2015

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

On March 17, 2014, the Defendant revoked the disposition of bereaved family benefits and funeral expenses against the Plaintiff on March 17, 2014.

1. Details of the disposition;

A. The plaintiff is the father of the deceased D (hereinafter referred to as "the deceased").

B. On March 2012, the Deceased was engaged in the business of cutting cattle and pigs and selling them, entering G Livestock Industry (E, the owner of the deceased at the time of his death, was taken over on June 1, 2013; hereinafter “instant business establishment”).

C. On December 7, 2013, 2013: (a) the Deceased completed the work at around 00, and was 22:00 on the same day as a sudden suspension of drinking water and drinking water at the instant workplace; (b) the Deceased was fluently used in the instant workplace; and (c) was dead at around 00.

D. On December 30, 2013, the autopsy report by the National Institute of Scientific Investigation on the Deceased stated that the deceased’s private person is unknown and that there is a possibility of a stone death related to the scarcity of core equipment.

E. The Plaintiff asserted that the deceased’s death was caused by his duties and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant, but the Defendant on March 17, 2014. However, on the ground that Nonparty F was de facto in a de facto marital relationship with the deceased, the Plaintiff did not constitute a beneficiary of survivors’ benefits as determined by the Industrial Accident Compensation Insurance Act, and the Plaintiff did not recognize a proximate causal relation between the deceased’s work and the death.

F. The Plaintiff filed a request for reexamination of the instant disposition with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on July 25, 2014.

[Grounds for Recognition] Uncontentious Facts, entry of Gap evidence 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The parties’ assertion

1) The plaintiff's assertion

① Nonparty F is not a person who was de facto in a de facto marital relationship with the Deceased, and thus, a beneficiary, such as bereaved family benefits, under the Industrial Accident Compensation Insurance Act is the Plaintiff. ② The Deceased’s death is due to physical or mental stress arising from the duties performed by the Deceased in the instant workplace, and thus, the causal relationship between his duties and the deceased should be recognized. However, the instant disposition on a different premise should be revoked in an unlawful manner.

2) Defendant’s assertion

① Pursuant to Article 65(1) of the Industrial Accident Compensation Insurance Act, a spouse who lives together with the deceased will be entitled to preferential rights over his parents. At this time, the spouse includes the spouse in de facto marital relationship pursuant to Article 5(3) of the same Act. The deceased was in de facto marital relationship with Nonparty F at the time of his death, and thus, the Plaintiff is not a beneficiary of bereaved family benefits, etc. under the Industrial Accident Compensation Insurance Act, and there is no proximate causal relation between the deceased’s work and the death.

B. Whether the Plaintiff constitutes a beneficiary of bereaved family benefits under the Industrial Accident Compensation Insurance Act

De facto marriage refers to a case where a party has an intention to marry in a subjective manner between the parties, and objectively has a substance of marital life that can recognize marital life in terms of family order in light of social norms (see Supreme Court Decision 2000Da52943, Apr. 13, 2001, etc.).

However, according to the overall purport of evidence Nos. 2, 6, and 11 and the arguments, Nonparty F was living together in the same address as the deceased at the time of the deceased’s death, and the funeral of the deceased may recognize the fact that Nonparty F had been a man-child. However, such circumstance alone is insufficient to recognize that Nonparty F had a de facto marital relationship with the deceased, and there is no other evidence to support the existence of the deceased’s intention of marriage and the substance of marital life between the deceased and Nonparty F. Therefore, the above assertion by the Defendant is rejected.

C. Whether causation can be acknowledged between the deceased’s work and death

1) Facts of recognition

A) The deceased’s work form

In March of 2012, ○ Deceased entered Nonparty Company and cut and sold spawns for sale for approximately 21 months until the time of death.

The Deceased worked for 6th day of a week, and 8 hours and 30 minutes a day, excluding hours of recess, and worked for 8 hours and 30 minutes a day on December 7, 2013, which is on the day of death. The Deceased worked for 51 hours a total of 51 hours a week prior to the outbreak, 46 hours a week average of 46 hours a week during 4 weeks prior to the outbreak, and 46 hours a week average of 46 hours a week during 3 months prior to the outbreak, and there was no change in the work contents.

B) The state of the deceased’s health and life habits

As of May 12, 1980, the Deceased was 33 years of age at the time of his death, k 193 cm, and 105 km of body weight.

○○ Deceased 4 times a week, and 2 times a week a week, and 1. Smoking more than 2 A of tobacco per day, and the details of treatment that could be peculiar in the health insurance benefit statement were not discovered.

C) Circumstances and causes of the deceased’s death

After leaving on December 7, 2013, 2013, ○ Deceased was born food for about one hour at the instant place of business, the business owner, dong fee, and around one hour, and was used by the 119, and was sent to the Jinhae Hospital by the 119.

The autopsy report of the National Science Investigation Institute on the deceased shows that the blood alcohol alcohol farming level of the deceased 0.0% was found to be 060%, and that the Do of Gyeongdo was found to be dynamics in each area of the ornamental beer, and that the Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of Do of

The defendant adviser presented his opinion that the proximate causal relation with the deceased's death cannot be recognized because there is no evidence to acknowledge the deceased's overwork and stress.

The results of commissioning the examination of medical records to the head of the Dong University Hospital in this Court are as follows:

- In the case of the Deceased, the heart weight is 532g, and considering that the average heart weight of ordinary adults does not exceed 300g, the heart weight is doubtful.

- In light of the records that the deceased 4 times a week, and that the deceased 2-bed alcohol was made to the extent of the second-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-

- Core guard is a phenomenon that mainly appeared as a result of heart diseases and is not related to the passage over a long period of time.

- Considering the deceased’s physical form and living habits, it appears that the deceased did not have been engaged in health care to the extent that it may occur in a local simple form, such as excessive alcohol consumption and rain, and that this situation continues to exist, and eventually, it appears that the deceased died of acute heart disorder due to the occurrence of heart costs. [Grounds for recognition] The fact that there is no dispute, each entry of evidence A 1 or 6, the result of the request for the medical record appraisal to the head of the East Asia University Hospital of this hospital, the overall purport of the arguments, as a result of the request for the medical record appraisal to the

2) Determination.

The term "occupational accidents" under the Industrial Accident Compensation Insurance Act refers to the injury, disease, physical disability, or death of an employee who was caused by his/her duties during the performance of his/her duties, and there is a causal relationship between the duties and the occurrence of the injury. Such causal relationship must be proved by direct evidence. The method and degree of proof does not necessarily necessarily have to be clearly proved by direct evidence, but it is sufficient if it is proved to the extent that the proximate causal relationship between the duties and the accidents is estimated by indirect facts, such as the health condition at the time of employment, existence of existing diseases, nature of his/her work, and replacement of work, and whether another worker's work in the same workplace is transferred to the same kind of disease at the same workplace. However, it is difficult to determine that there is a causal relationship between modern medical science and the aggravation of work, such as the occurrence and aggravation of work, and stress, which are generally caused by the outbreak and aggravation of the disease.

However, the following circumstances, which can be known from the above facts of recognition, include ① a private person of the deceased: Provided, That as a result of the autopsy on the deceased, it is only possible to conceal the relationship of the deceased as a result of the autopsy on the heart of the deceased, the inter-regional checks, etc., ② the deceased was in charge of drinking habits, such as 4 times a week, and 2 times a week, and 30 minutes a day, which seems to have an impact on the deceased’s occurrence between regions. ③ The deceased’s working hours are not deemed to have an excessive amount of 8 hours a day and 30 minutes a day, and the fact that the work content was not found or changed, and there was no rapid change in the work environment, there is no evidence to acknowledge otherwise.

Therefore, there is no proximate causal relation between the death and the work of the deceased, so the death of the deceased does not constitute occupational accidents, and the instant disposition taken in the same purport is lawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so ordered as per Disposition.

shall be ruled.

Termination of the presiding judge;

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