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(영문) 청주지방법원 2017.03.09 2016구합914
유족급여 및 장의비 불승인처분취소
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. From December 1, 2014, the Plaintiff’s husband (hereinafter “the Plaintiff”) was employed by the MS industry (hereinafter “instant company”) from around December 1, 201, and served as a daily security guard in the latter part of the original C factory.

B. On July 30, 2015, around 05:15, the Deceased was discovered by being used in the front delivery of the E-automobile industrial company located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-si, and was transferred to the Chungcheongbuk-do Medical Center, but it was confirmed that the deceased had already died.

(hereinafter referred to as “instant disaster”). C.

On April 28, 2016, the Plaintiff filed a claim against the Defendant for the payment of bereaved family benefits and funeral expenses based on the Industrial Accident Compensation Insurance Act. The Defendant presumed that the deceased died due to a sudden merger of urology, and based on a medical opinion, etc. that, in view of the deceased’s duty content and intensity of work, it cannot be deemed that the cause of work provided more rapid than natural progress and caused death, and that proximate causal relation between the deceased’s work and the disaster is not recognized.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. As the Plaintiff’s average work hours per week exceeds 60 hours during 12 weeks before the deceased’s death, the deceased’s work is necessary to determine whether the deceased’s work constitutes an occupational disease due to cerebrovascular disease or heart disease, or sacrific sacrine disease (hereinafter “public notice of the Ministry of Employment and Labor”).

I. 1.c.

As referred to in paragraph (1), the deceased’s disease appears to have deteriorated beyond the natural transitional speed due to the age of the deceased or the unsound working environment, even if the deceased died due to the merger of urology, which is an existing disease.

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