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(영문) 대구고등법원 2017.01.20 2016누5649
유족급여및장의비부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. From March 26, 1985, the Plaintiff’s husband B (C) entered the Daegu Office of the Daegu Office of the Busan Regional Railroad and served as an assistant engineer from March 26, 1985. From April 3, 2015, the Plaintiff worked as assistant engineer at the Daegu Office of the Korea Railroad Corporation affiliated with the Daegu Office of the Korea Railroad Corporation.

B. B, around 12:34 on September 2, 2015, found out in a state of being used on the grounds that it cannot be seen in front of the bus stops in front of the Daegu-dong, Daegu-dong-dong, Daegu-gu Seoul Special Metropolitan City Headquarters for the Safety Corporation (Seoul Special Metropolitan City), and died of cerebral cerebralopy due to the “cerebral leoptyposis,” which was diagnosed as an emergency room for the bus stops in front of the bus stops in front of the Daegu Special Metropolitan City Headquarters for the Safety Corporation (hereinafter “the instant immediate disease”).

C. The Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the death of B (hereinafter “the deceased”) constitutes an occupational accident. However, on January 26, 2016, the Defendant rendered a disposition that did not pay survivors’ benefits and funeral expenses on the ground that there is no proximate causal relation between the deceased’s death and his/her duties, following deliberation by the Daegu Occupational Disease Determination Committee (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not have any particular problem in normal health, and due to bad working environment over a long-term period, the Plaintiff’s death was caused by the instant injury resulting from the instant accident, which occurred while going beyond the future while attending the instant bus stops to return home to the next day after attending the event of the safety engine device that was conducted in the office building of the Korea Railroad, with a view to getting home under a low level of overwork and stress, due to an excessive working environment.

B. 1) The Deceased’s career, duty, and form of work of the Deceased) on March 26, 1985.

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