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(영문) 창원지방법원 2015.07.07 2015구단98
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A. On February 7, 2014, the Plaintiff’s husband was employed by D Co., Ltd. (hereinafter “instant workplace”). Around February 7, 2014, the Plaintiff was under work and sent to the hospital. However, around 11:30 on the same day, the Plaintiff’s husband died of the “consumptive funeral service” (hereinafter “instant injury”).

B. On April 28, 2014, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes an occupational accident. However, on July 17, 2014, after deliberation by the Committee for Determination of Occupational Diseases, the Defendant rendered a disposition of survivors’ benefits and funeral expenses on the ground that there was no proximate causal relation with the deceased’s death.

(hereinafter “instant disposition”). C.

The Plaintiff filed a petition for review with the Industrial Accident Compensation Insurance Reexamination Committee on the instant disposition, but was dismissed on November 28, 2014.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1, 2, 4, and 5 (including partial heading numbers) asserted the legality of the disposition was carried out only in the process of painting and painting after entry into the workplace of this case. After being dispatched to high-tensioners who did not have been completely experienced ten days prior to the outbreak of the injury of this case, and there was a sudden change in the working environment. In addition, the department with which the dispatch department was placed had extreme stressed as if it seems that there was difficulties in adjusting the work and disregarding the employees of the same.

Although the deceased was suffering from a high blood pressure, blood transfusion, and urine disease, the purport is that the above urine disease does not directly cause the injury and disease of this case even according to the autopsy result.

Since the cause of the instant wound cannot be found in the external part of the business affairs, the instant disposition that did not recognize the instant wound as an occupational disease is unlawful.

The attached Form of the relevant Acts and subordinate statutes shall be as follows.

In fact, the work of the deceased is recognized.

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