(영문) 대구지방법원 2017.10.20 2017구단126

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.10.20 2017구단126

유족급여및장의비부지급결정취소

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. On April 17, 2015, the deceased B (hereinafter “the deceased”) was affiliated with C points and was in charge of providing medical care to dementia patients. On February 5, 2016, 2016, he/she was used in toilets located at home and sent to Daegu City University Hospital, and died on July 14, 2016 while being treated at the said hospital.

B. The direct death of the deceased is “sacrific shock”, “sautic shock”, “sautic shock”, and “sautic shock”.

C. On November 15, 2016, the Plaintiff, the husband of the deceased, filed an application for bereaved family’s benefits and funeral expenses with the Defendant, and the Defendant rendered a disposition of bereaved family’s benefits and funeral funeral expenses on the ground that it cannot be deemed that the deceased’s disease was caused by his/her work or aggravated due to his/her excessive work, and that there was no proximate causal relation with his/her work.

(hereinafter referred to as "disposition of this case") . [Grounds for recognition] . 【Unsatisfy, entry in Gap evidence Nos. 1, 2, 4 and 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is a caregiver who cares for patients suffering from dementia and dynamic difficulties, and 9 elderly patients have been taken care of the nine elderly patients during the period of two consecutive days of work a week and two consecutive days of work a night, and due to night work, the area of waters falls short of the water, and it has been accumulated due to lack of sufficient rest time, and physical stress has been suffering from mental stress in the course of care of patients suffering from dementia and dynamic difficulties.

Since the deceased died due to such excessive work and stress, the death of the deceased shall be deemed to have a proximate causal relation with his duties, and the instant disposition is unlawful.

B. 1) The Deceased worked at the medical welfare facilities for the aged before becoming a member of the company of the deceased. The Deceased worked as follows.

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