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(영문) 서울행정법원 2020.07.24 2019구합66422
유족급여및장의비지급결정취소의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a stock company established on October 5, 1995 for the purpose of running the electric cable manufacturing and sales business.

B’s spouse net C (D, hereinafter referred to as “the deceased”) entered the Plaintiff on July 23, 2013 and was engaged in the pressure forwarding process of the string cable.

B. On January 19, 2017, the Deceased was found to be used in a state where he was engaged in voltageing operations at the Plaintiff’s workplace.

The deceased was sent to a hospital near the 119 emergency vehicle, but it was confirmed that he had already died.

According to the body autopsy, the time of death of the deceased is 4:32 119 emergency squad's arrival at the site.

(Evidence No. 5). It is presumed to be a transfer, and the direct death is not a prize.

It is the opinion that the cause of death in the medical records and prosecutor's medical examination is the unexploited, and the cause of death is not a close-down, and in the case of disaster, it can be presumed to be the death and the cardio-exploitial color by the internal cause.

With respect to the causes of injury or disease of disaster victims, such as occupational malpractice, stress, etc., there was no sudden change or sudden changes in the working environment within 24 hours of symptoms, and there was no increase of working hours and workload by at least 30% compared to 12 weeks (except for one week prior to the outbreak of disease) prior to the outbreak of work hours during the day preceding the outbreak of work, average work hours per four weeks and average work hours per 60 hours and 9 minutes per 12 weeks, and average work hours per 61 hours and 15 minutes per 61 week and is confirmed to be a shift work.

As above, the 4 weeks and 12 weeks’ work hours conform to the criteria set by the Ministry of Employment and Labor, and as a result, the burden of work, which is a shift work, is confirmed, and there is a high possibility that the occupational course and stress factor have a significant impact on the normal function of the blood banks, so it is determined that a proximate causal relation with the cause of death and the work of the deceased is recognized, and therefore, there is an opinion by the assent of the participating members that a proximate causal relation with

(c) B.

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