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(영문) 울산지방법원 2018.12.13 2018구합5400
유족급여및장의비부지급처분취소
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 February 24, 2010, the network B (hereinafter “the network”) entered the PVC pipeline manufacturing and selling business entity, and worked until December 31, 2015 by PVC pipeline manufacturing and selling business entity. From January 1, 2016, it was affiliated with the PVC pipe manufacturing and selling business entity established separately from the said company (hereinafter “Nonindicted Company”) and performed the management of PVC pipeline sales and agency business by the time of death.

B. On June 13, 2016, the deceased returned to the president of the agency at around 5:00 p.m. and 4:00 p.m. on the following day, and was found to have been divingd at the ward at around 7:00 p.m. on the following day. However, the deceased’s body autopsy was found to have died at around 7:00 p.m., the deceased’s body autopsy stated that “The deceased’s direct private person was resistant, the middle line organizer, the acute heart funeral, and the preceding physician’s death was an acute heart disease (e.g., acute s., the deceased’s death).”

C. Around September 29, 2017, the Plaintiff, a spouse of the Deceased, claimed bereaved family benefits and funeral expenses to the Defendant. However, on November 30, 2017, the Defendant rendered a decision on the bereaved family’s benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the work performance of the Deceased and the instant work performance.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 7 evidence, Eul’s 1,6,7,8,10 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the disease of this case was aggravated due to stress arising from the occupational course and business performance in the UPP Co., Ltd. and the non-party company, and caused the injury of this case. Ultimately, the death of the deceased resulted in a proximate causal relationship between the death of the deceased and the performance of his duties.

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