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(영문) 서울고등법원 2016.06.16 2015누45368
유족급여및장의비부지급처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband B (hereinafter “the deceased”) served as a taxi driver from February 3, 2013 to the public transport company (hereinafter “instant company”).

B. Around 04:30 on August 30, 2013, the Deceased went to work outside of the entrance room and died at around 05:29 on the same day (hereinafter “the instant accident”). Around 05:29 on the same day, the Deceased’s death was presumed to be a heart death without the autopsy.

C. On the Plaintiff’s claim for the payment of survivors’ benefits and funeral expenses, the Defendant rendered a land-based payment disposition (hereinafter “instant disposition”) on December 6, 2013, stating that “the proximate causal relationship between the deceased’s death and his/her duties cannot be recognized” (hereinafter “instant disposition”).

The Plaintiff filed a request for examination against the instant disposition, but the Defendant dismissed the Plaintiff’s request for examination on March 11, 2014, and the Plaintiff’s request for reexamination was also dismissed on June 5, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, Eul evidence Nos. 1 and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion deceased worked for 12 hours or 14 hours a day after joining the instant company, and the four weeks prior to the death of the instant case was over 83 hours a week average work hours, and the taxi driving is highly likely to require considerable concentration due to its characteristics. As such, the deceased’s physical overwork and mental stress received from the said work can be deemed to have been seriously dead.

Therefore, since there is a proximate causal relationship between the deceased’s death and the work, the instant disposition is unlawful on a different premise.

B. 1) In fact, the Deceased worked as a taxi driver belonging to the Heavy Industries from October 201 to January 7, 2013.

B. The Deceased on 2013.

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