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(영문) 광주지방법원 2018.06.07 2017구단10381
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are not disputed between the parties or may be acknowledged by taking into account the whole purport of the pleadings in each entry in Gap evidence Nos. 1, 3, and 5, and Eul evidence Nos. 3 and 5 (including serial numbers; hereinafter the same shall apply):

On April 12, 1999, the Plaintiff’s husband He (hereinafter referred to as “the deceased”) entered and worked for C Co., Ltd. (hereinafter “the instant workplace”) and died of the Plaintiff’s husband’s her husband’s her husband (hereinafter referred to as “the Plaintiff”) on April 17, 2015 from the DBS automatic warehouse shipment site located in SBS automatic warehouse located in the Southern-si. On April 17, 2015, the Plaintiff died of the Plaintiff’s husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband (hereinafter referred to as “the instant injury”).

B. On May 12, 2016, the Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death falls under “occupational accidents” under the Industrial Accident Compensation Insurance Act. On August 19, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the deceased’s death and the deceased’s death is determined to be caused by the natural aggravation of the existing person’s personality.

C. The Plaintiff, dissatisfied with the instant disposition, filed a petition for reexamination with the Ministry of Employment and Labor for the Industrial Accident Compensation Insurance Reexamination Committee, but received a dismissal ruling, and filed the instant lawsuit on April 27, 2017.

2. Whether the disposition is lawful;

A. The plaintiff's assertion asserts that the disease of this case occurred and the deceased died due to the accumulation of a tension to meet chronic overwork and ex-factory date, stress arising from continuous work in a narrow container, etc., which may significantly affect the normal functions of cerebrovascular, and thus causes physical and mental burden.

(b) The following facts of recognition 1 do not conflict between the Parties, or set out in sub-paragraph 1 to 1.

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