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(영문) 부산지방법원 2020.08.19 2018구단21501
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The deceased B worked as a police assigned for special guard at the Busan Regional Headquarters of the Korea Airports Corporation (hereinafter “the instant workplace”) on December 14, 2015, and was used as a shower in the shower room at the police assigned for special guard around 08:02 on December 14, 2015, and was later sent to a medical institution. On the same day, at around 10:10 on the same day, the deceased.

B. The Plaintiff is the deceased’s spouse. On February 28, 2017, the Plaintiff asserted that the deceased’s death was due to his/her duties and claimed the bereaved family’s benefits and funeral expenses to the Defendant.

C. On July 3, 2017, the Defendant, via the Busan Occupational Disease Determination Committee, rendered a determination of survivors’ benefits and funeral site pay (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the deceased’s work and death.

The Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, and the request for examination was dismissed on December 8, 2017.

On February 19, 2018, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on February 19, 2018, but the said request was dismissed on May 4, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 4, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the hours of night work did not reach 30% of the hours of night work even if they were not surveillance workers, and when 30% of the hours were added, the average of 47 hours per week was worked for 12 hours per week, and the business operator responded to 4 hours per week, but the above hours of night work are dynamics, and the business operator himself/herself cannot be viewed as 4 hours deducted in consideration of the characteristics of the area of the water surface, the characteristics of the duties to be complied with, and other relevant factors.

In addition, the deceased was engaged in shift work, and as the Port of Mana has been closed since 2014, it is impossible to properly manage diet due to the personnel movement to the Busan Kimhae Airport.

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