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(영문) 부산지방법원 2016.01.27 2015구단39
유족급여등부지급처분 취소
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. On June 17, 2012, the Plaintiff’s husband, as a worker affiliated with D Co., Ltd. (hereinafter “D”) (hereinafter “Nonindicted Company”), completed night duty and died of the Plaintiff’s husband’s husband’s death around 13:00.

B. The deceased’s report on the deceased’s body autopsy is indicated as “presumpted funeral” as a private person, and the father’s autopsy against the deceased was not conducted.

C. On March 7, 2014, the Plaintiff applied for the payment of survivors’ benefits and funeral expenses under the Industrial Accident Compensation Insurance Act to the Defendant. However, on April 23, 2014, the Defendant rendered a decision on the payment of survivors’ benefits and funeral expenses on the ground that there is no proximate causal relation between the deceased’s death and his/her duties.

(hereinafter “Disposition in this case”). 【No dispute exists; Gap evidence 2-1 to 3; Gap evidence 3-1; Gap evidence 10-9; Eul evidence 6; and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On January 24, 2010, the deceased’s summary of the Plaintiff’s assertion medical care was taken place due to an accident involving the right arm’s length on his/her right end, but he/she was unable to properly move to the right hand and the right part.

On August 1, 2011, the deceased was reinstated to the non-party company, but was subject to unfair reprimand in relation to the accident above, but was bound by the Environmental Safety Team, and was in a state of physical and mental stress, which was in a state of imprudenting to a new job, and was suffering from depression and typology due to disability.

Therefore, as the deceased died as a acute funeral due to such extreme physical or mental stress or died due to aggravation of the existing disease above the natural transitional speed, the proximate causal relationship between the deceased’s death and his work can be fully recognized.

Nevertheless, the instant disposition that deemed that the death of the deceased does not constitute an occupational accident is taken.

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