logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.01.23 2014구단10788
유족급여 및 장의비 부지급결정처분취소
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. From December 9, 2013, B, the Plaintiff’s spouse, served as a daily worker at the C landscaping site (hereinafter “instant site”) of the Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City

(hereinafter “instant disaster”). (b)

On June 16, 2014, the Plaintiff filed a claim against the Defendant for survivors’ benefits and funeral expenses on the ground that the deceased B (hereinafter referred to as “the deceased”) died of occupational and stress, but the Defendant rendered a disposition not to pay survivors’ benefits and funeral expenses (hereinafter referred to as “instant disposition”) on the ground that there is no proximate causal relation between the deceased’s death and his/her duties.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Eul's 2, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion, without any special circumstance, had been accumulated of excessive stress while working in various construction sites of the Nonparty Company for about seven years prior to the occurrence of health problems. In particular, the Nonparty Company urged from 7:30 days prior to the instant accident to 6:30 days prior to the instant accident in the direction of the Nonparty Company to meet the imminent air at the instant site. From 10 days prior to the date of the instant accident, the Plaintiff was engaged in landscaping planting, water-flowing work (work of giving water after planting), water-supply driving, etc., and on the day of the instant accident, the Plaintiff’s work is difficult in the environment that is exposed to sunbeams for a long time on the day of the instant accident.

Since the blood pressure of this case resulted from a sudden increase, the death of the deceased constitutes occupational accident.

B. The Deceased’s work style of recognition is on-site landscaping planting and irrigation work.

arrow