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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Details of the disposition;
A. From December 21, 2015, the network B (hereinafter “the network”) worked at a transportation team of C Co., Ltd. (hereinafter “instant workplace”) that runs the storage and loading of container cargoes, loading and unloading, packing, transportation business, etc., and assigned the article a vehicle to ensure smooth transportation of containers arriving at Incheon Port to destination, such as transporting containers to ensure smooth transportation at destination, allocating the location of container containers and the order of loading, etc. to the article, and taking charge of the control and control of container transportation vehicles entering container terminals within Incheon Port.
B. On March 26, 2018, the Deceased was found to have worked at around 08:10 hours, and at around 10:30, which was two hours later, to have no consciousness in the rest room of the instant workplace. At the time when the 119 first aid unit was called, the state of respiratory suspension and heart stop had already been in the state of death at the time of the arrival of the hospital, which was sent to the hospital at around 11:18 on the same day, and the cause of the Deceased’s death was not revealed due to the bereaved family’s intention.
C. The Plaintiff, the deceased’s spouse, claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on November 6, 2018, the Defendant, following deliberation by the Committee for Determination of Occupational Diseases, did not have a sudden and difficult event or change in the work environment within 24 hours prior to the deceased’s death. The fact that the work hours within one week prior to the death amounting to more than 30% of the average per week during the 12 weeks prior to the death (excluding one week prior to the death) is not verified. The short-term and chronic department objectively confirmed by the deceased was insufficient in the criteria for recognition of occupational accidents, and it was difficult to find proximate causal relation between the deceased’s death and his/her work, on the ground that it is difficult to find proximate causal relation between the deceased’s death and his/her work (hereinafter “instant disposition”).
[Reasons for Recognition] There is no dispute, Gap 1 to 1.