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(영문) 부산지방법원 2019.02.13 2017구단21337
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On December 25, 2016, the deceased Co., Ltd (hereinafter referred to as the “Death”) was diagnosed as a liver cancer on December 12, 2017 (hereinafter referred to as the “the instant injury and disease”) while serving as a business employee in the Dispute Resolution D (hereinafter referred to as Nonparty Co., Ltd).

B. The Plaintiffs, a parent of the Deceased, asserted that the death of the Deceased constitutes occupational accidents, and claimed bereaved family benefits and funeral expenses to the Defendant. On September 8, 2017, the Defendant rendered a disposition to refuse the payment of bereaved family benefits and funeral expenses (hereinafter the instant disposition) on the ground that there is no proximate causal relation between the death and the work of the Deceased.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiffs asserted that they were patients with chronic hepatitis B, but they had to suffer frequent drinking and excessive stress due to the characteristics of their occupational duties while serving as medical device sales employees from before they became a company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company.

Therefore, the injury or disease of this case constitutes occupational accidents, and thus, the defendant's disposition of this case is unlawful as it is based on the determination of erroneous facts.

B. 1) The deceased company is a company that sells human mission saving, which is a medical device for surgery, outside the prison and the medical device for surgery, and the private business chain D was converted into a corporation on December 16, 2013.

In around 2010, the deceased entered D and worked for D and the non-party company as business employees (the head of department).

B. The business employees of the non-party company, including the deceased, visit the medical institution from time to time to sell the mission of the person, etc. through the formation of relationship by using continuous interviews with the doctor outside the prison.

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