logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.10.23 2015구단100428
유족급여및장의비부지급처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On November 10, 2014, the deceased B (CB; hereinafter referred to as “the deceased”) is a taxi driver belonging to the Dae-wheeled Transport Co., Ltd. (hereinafter referred to as “non-party company”), and was found to have died from a Hemical heart disease (defluence) in the state of collision with fluent rice found in Daejeon-gu, Daejeon-gu, Daejeon-gu.

B. On April 23, 2015, the Plaintiff claimed bereaved family benefits and funeral expenses to the Defendant as the deceased’s spouse, and the Defendant rendered a disposition of bereaved family benefits and funeral site expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “the proximate causal relation between the work and the death is not recognized” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1 through 3, 6, Gap 9-1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion mainly operated at night accumulated physical skins, and due to the characteristics of the work, there were considerable mental stress, such as risk of accidents and passengers on board.

Since the Deceased caused occupational and stress to the heart disease or rapidly aggravated the existing disease and caused death, there is a proximate causal relation between the Deceased’s work and the death.

Therefore, the instant disposition is unlawful.

B. Comprehensively taking account of the overall purport of Gap evidence Nos. 2, 5, Eul evidence Nos. 1 and Eul evidence Nos. 1 and Eul’s testimony and arguments, the deceased did not need to get off and off to the non-party company regularly by receiving a fixed dispatch. The deceased’s taxi operation record “2 hours and 21 minutes from November 2, 2014, 11:59-59-20 on November 10, 2014, 20: 11 hours and 28 minutes from among “2 hours and 21 minutes from October 10: 20, 2014; 12:05 hours from October 20, 2014 to 12:5 hours from November 2, 2014; 2:58 hours and 10 minutes from among the hours of the deceased’s taxi operation to 23 minutes from October 14, 2014; 1:5 hours and 1:4 hours from October 20, 20194 to 10 minutes.”

arrow