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(영문) 부산지방법원 2019.02.13 2018구단20904
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 September 12, 2017, at around 04:25, the Plaintiff’s son B (hereinafter “the Deceased”) was used in the place of work in the Yangsan Factory Co., Ltd., Yangsan University Hospital, and was sent by the 119 emergency squad, but was dead at the time of the arrival of the hospital.

The cause of death of the deceased seems to be an acute funeral service where the specific cause is unknown.

B. 1) On October 27, 2017, the Plaintiff asserted that the death of the deceased constituted an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant. 2) Accordingly, the Defendant, following deliberation by the Occupational Disease Determination Committee, issued a disposition rejecting the payment of survivors’ benefits and funeral expenses on December 20, 2017 on the ground that there is no proximate causal relation between the deceased’s death and his/her duties (hereinafter “instant disposition”).

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the disease was caused by the accumulation of overwork and stress due to a long-term night work, shift work, etc., or the king of the disease was aggravated at a naturally occurring speed. As such, there is a proximate causal relation between the deceased’s death and the work, the instant disposition is unlawful.

B. 1) The Deceased’s work contents are as follows: (a) On September 1, 2003, the Deceased joined the C Co., Ltd. and works in the process of treatment.

From February 1, 2016, it worked in the input process (the process of heat processing).

B) Four persons work as a single unit of work. The form of work is two-day work after four days a week, and two-day work after four night work. The weekly work is 08:0 to 16:00, and the night work is 20:00 to 14:00 the following day. If there is an extension work, it shall be immediately put in the work without simple rest. (ii) The deceased’s working hours are 30 hours in total, and the night work hours are 18 hours a day.

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