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(영문) 대구지방법원 2017.12.22 2017구단10567
유족급여 및 장의비 부지급처분 취소 청구
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. At around 21:50 on August 19, 2016, the net B (hereinafter referred to as “the network”) completed the loading and unloading work of agricultural products at the Daegu Gyeongchip Port Co., Ltd., Daegu Gyeongchip Co., Ltd., the Korea Agricultural Products Wholesale Market, and then sent clothes to C hospital in the shower box room, but died at around 23:32 on the same day.

B. The Deceased is presumed to have died as “brupted book transfer”.

C. On March 23, 2017, the Plaintiff, a wife of the Deceased, claimed bereaved family benefits and funeral expenses to the Defendant, and the Defendant rendered a disposition of bereaved family benefits and funeral expenses (hereinafter “instant disposition”) on the ground that “the deceased cannot be deemed as a worker who works in a subordinate relationship with a specific business owner and provided labor, and there is no proximate causal relation between the deceased’s death and his/her duties.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 5, Eul evidence 13, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is the employee of the Daegu Gyeongchip Joint Port Co., Ltd. (or Daegu Gyeongchip Agricultural Co., Ltd.).

The deceased worked at the night and worked late at the night, and worked immediately at the night, and worked at the night, and worked on holidays.

In addition, around the time of the deceased's death, the deceased's work of loading and unloading was more physically unreasonable, and there was a demand for tension and concentration to prevent damage to agricultural products.

The Deceased died in an acute heart book due to these overwork, stress, rest and lack of water surface cumulative. The Deceased’s death constitutes occupational accident, and thus, the instant disposition is unlawful.

(b) In full view of each description of the evidence of Nos. 1 to 4 and 9 to 11 of the facts of recognition (including each number for which the number has been set out) and the overall purport of the pleading in the testimony of the witness D, the following:

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