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(영문) 대전지방법원 2019.10.17 2018구단100245
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of the deceased B (CB, hereinafter “the deceased”).

B. On August 29, 198, the Deceased joined D Co., Ltd. (hereinafter “instant company”) providing services for the diagnosis and performance improvement of power plant facilities, domestic and overseas power generation facilities, industrial facilities, transmission transformation facilities, etc., and from May 1, 1995, the Deceased worked at the Industrial Plant Center located in Daejeon-gu, Daejeon.

The Deceased performed safety and quality control, construction administration, etc. at the instant company.

C. On January 7, 2016, the Plaintiff found the deceased’s failure to shoulder at his own home at around 07:40, and thereafter sent the deceased to the emergency room at the Daejeon-gu Daejeon-gu Hospital. However, the deceased died at around 08:36 on the same day.

The Plaintiff claimed the Defendant to pay bereaved family benefits and funeral expenses following the deceased’s death, but the Defendant refused to pay bereaved family benefits and funeral expenses on December 15, 2017 on the ground that the deceased’s death does not constitute an occupational accident.

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that most of the deceased were dispatched to the site and were on duty at the site. During the above dispatch period, the Plaintiff took overall control of all administrative affairs, such as purchase of materials, preparation of work daily reports, safety management, etc., and performed excessive duties, such as performing ordinary duties, and the following while the deceased was on duty.

B. As seen in paragraph 3, two accidents have occurred, and the Deceased, as a safety manager, was overwork as a result of performing duties related to the said accident, and was under considerable stress, and the Deceased was healthy as a usual substitute. In light of the above, the Deceased was deceased of occupational course and stress.

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