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(영문) 광주지방법원 2018.05.03 2017구단520
유족급여및장의비지급결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On March 13, 2014, at around 10:00, the deceased B (hereinafter referred to as the “the Deceased”) died of a cardiopulmonary disorder caused by acute pulmonary eculation (hereinafter referred to as “the instant injury and disease”) around 11:15 on April 23, 2014, when the outgoing was waiting for shift work at a nearby shift place, and she immediately left a taxi to the emergency room of the Jeonnam University Hospital, and was receiving first-aid treatment, and was receiving first-aid treatment at the middle patient.

B. On May 27, 2014, wife A requested the Defendant to pay bereaved family benefits and funeral expenses.

C. On August 27, 2014, the Defendant deemed that a proximate causal relationship exists between the deceased’s work and the injury and disease of this case, and rendered a decision on the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”). D.

On November 21, 2014, the Plaintiff filed a request for review seeking revocation of the instant disposition with the Board of Audit and Inspection on November 21, 2014, which was dismissed on December 13, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On the other hand, it is difficult to deem that there was occupational negligence and stress on the part of the Plaintiff’s alleged deceased’s operation of the route No. 28 of the total route of Gwangju metropolitan bus, not the second long distance, but the number of passengers on board for about 8 to 10 minutes. The route and the vehicle operated by the deceased are low, and work for 5 days a week in order to prevent overwork, thereby guaranteeing sufficient rest of time. On the other hand, it is presumed that there was occupational negligence and stress on the deceased’s wrong eating habits, rain, physical exercise, and child’s death, and that there was a proximate causal relation between the deceased’s work and the disease of this case.

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