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1. The plaintiff's appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiff, and the supplementary intervenor are assessed against the Plaintiff.
Reasons
Details of the disposition
The court's explanation on this part is the same as the reasoning of the judgment of the first instance.
It shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
Whether the instant disposition is legitimate
A. The gist of the Plaintiff’s assertion was that cerebral chrophism occurred due to occupational and stress, and that the deceased died of infection infection caused by spawn infection during the hospital’s treatment for brain spawnosis.
Although the death of the deceased constitutes an occupational accident because of a proximate causal relation with his duties, the instant disposition otherwise determined is unlawful.
B. The judgment of the court of first instance is as shown in the relevant statutes.
C. Determination 1) The deceased, at the instant company, worked on the five-day day per week at the instant company, and began to work from Pyeongtaek 06:30, and the time of occupation was 40 minutes and the time of recess was 20 minutes. The deceased resided in the instant company’s neighborhood accommodation, and two-day (monthly, number) retired from the instant company at around 19:00, a week was 2-day (fire, flower, item (e) retired from the company’s workplace at around 16:00, and one day (18:00) retired from the company’s workplace at around 16:00.
The deceased managed automobile parts assembly as the chief of the management office, and the main duties were communication with the chief of the working group and work instruction, the supervision of day and night shift workers, the process tour by workplace, the training of workers and the management of their attitudes, and the prevention of recurrence at the time of the receipt of defective work hours.
The Deceased’s work hours were 51 hours and 30 minutes per week prior to the outbreak, average of 50 hours per week during four weeks prior to the outbreak, and average of 46 hours and 57 minutes per week during twelve weeks prior to the outbreak.
The deceased in the existing health condition was diagnosed with the detailed unknown dystrophosis on May 6, 2016, and the health examination conducted on September 28, 2016 was conducted on a regular basis for the management of geological dystrophism and vision.