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(영문) 창원지방법원 2017.11.14 2016구단10245
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 29, 2015, when the Plaintiff’s husband, who was the Plaintiff’s husband (hereinafter referred to as “the deceased”), was employed as a taxi driver by having a limited liability company, and was employed as a taxi driver on May 29, 2015, the Plaintiff was killed in the D Hospital on June 13, 2015.

The Plaintiff asserted that the deceased’s death constitutes an occupational accident and claimed the payment of survivors’ benefits and funeral expenses. On October 22, 2015, the Defendant rendered a decision on survivors’ benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the deceased’s death and his/her duties.

[Grounds for recognition] The entry of Gap evidence Nos. 1, 2, 3, and 5, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Inasmuch as the Plaintiff’s assertion results in a chronic fault, stress, etc. caused by continuous work during a long period of time, including night work, while running a taxi, there is a proximate causal relation between the deceased’s death and work, and the instant disposition taken by deeming otherwise unlawful.

B. 1) From December 23, 2011, the deceased, such as the duties of the deceased, worked as a taxi driver in Saman-si as from December 23, 201. From 06:00 to 06:00 on the following 24 hours, the deceased worked in the form of a leave of 24 hours and a leave of 5:0 on the relevant 11 to 12th day of each month. The deceased paid KRW 141,00 as daily transport income to Saman-si as a limited liability company. The deceased worked as a garage for the limited liability company to start the taxi operation, and left the taxi after parking the taxi at the garage when completing the taxi operation.

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