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(영문) 광주지방법원 2016.10.20 2016구단11240
요양급여불승인처분취소
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 November 14, 2015, the Plaintiff’s husband (CB, hereinafter “the deceased”) was a worker belonging to the Hanjin-gu Co., Ltd. Co., Ltd. (hereinafter “Sajin-gu Co., Ltd.”) and was sent back to the hospital after the Plaintiff’s husband’s death on the same day as the Plaintiff’s husband, and the Nonparty Co., Ltd. (hereinafter “Sajin-gu Co., Ltd.”) was a worker at the Hanjin-gu Co., Ltd., Ltd. (hereinafter “

(hereinafter referred to as "the disaster of this case". (b)

On December 14, 2015, the Plaintiff filed an application with the Defendant for the payment of bereaved family benefits and funeral expenses. On April 4, 2016, the Defendant rendered a decision on the payment of bereaved family benefits and funeral expenses on the ground that the cause of death cannot be known to the Plaintiff, the occupational department cannot be recognized, and that there is no proximate causal relation between the work and the death of the deceased.

(hereinafter referred to as the "disposition of this case"). 【No dispute exists with the ground for recognition, Gap evidence 5, Gap evidence 7, and Gap evidence 8-2, the purport of the whole pleadings and arguments.

2. Whether the instant disposition is lawful

A. The Plaintiff’s claimant deceased worked for 47 minutes and 16 minutes a week prior to the instant accident. However, the average 57 hours a week prior to the instant accident increased by 10 hours a week prior to the instant accident. Around 2 weeks prior to the instant accident, working for about 12 hours a day average, etc. Around 2 hours prior to the instant accident, the Plaintiff worked for more than 12 hours a day, etc., and worked for more than 10,000 hours a two-hour working hours while having been employed for physical work without being guaranteed sufficient time to rest during the working hours. And when performing overtime work, 30 minutes adembling work for more than 2 hours, and it was accumulated as an occupational division while performing a high strength work, such as making a work for more than 2 hours a day immediately after the instant accident.

In addition, although the non-party company has to prepare a space in which it can properly maintain physical temperature during break time, it has taken rest in a broad space where the entrance from which the outside is opened, which is so far as the entrance is opened. This is so far as it is so rapid in the heart or the bloodline.

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