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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 September 3, 2015, the deceased B (hereinafter “the deceased”) was a worker belonging to Hyundai Automobile C Branch Co., Ltd. (hereinafter “Nonindicted Company”) and was used in the cooling tower installed on the rooftop of a place of business and sent back to the hospital. However, on September 3, 2015, the reason for death was found to be in boom.
B. Around August 2, 2016, the Plaintiff, a wife of the Deceased, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant. On October 10, 2016, the Defendant rendered a decision on the bereaved family’s benefits and funeral site expenses on the ground that there is no proximate causal relation between the death and the work of the Deceased.
(hereinafter “instant disposition”). 【The ground for recognition】 The fact that there is no dispute, Gap’s evidence Nos. 1 through 3-1, and Gap’s evidence No. 4, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. At the time of the instant accident, the Plaintiff’s assertion that the body burden was increased due to the increase in the heart cryp replacement work, the cryp replacement work, and the high temperature in the closed cooling tower. Furthermore, the deceased was 50 minutes after the time of the instant accident, and the deceased was able to arrive at the hospital. However, even if the non-party company had taken prompt emergency measures, the death of the deceased was caused by the transfer to the hospital at the latest, and thus, it was unlawful in the instant disposition taken on a different premise, even if the death of the deceased constitutes occupational accident.
B. On May 10, 1989, the Deceased was employed by the non-party company and worked for about 26 years until the time of the instant accident. Working conditions were worked for up to 08:30 and worked for up to 17:30 days a week.
The Deceased is a machine management and building, such as boiler before becoming a member of the company.