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(영문) 서울고등법원 2016.01.15 2015누38216
유족급여및장의비부지급처분취소
Text

Of the judgment of the court of first instance, the bereaved family's benefits to the plaintiff A, the disposition of the payment of funeral expenses, and the bereaved family's benefits to the plaintiff B.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case asserted that, while the Plaintiff’s father, C, a single-use worker of the Sewage C as a single-use worker of the Sewage Repair Corporation, caused death due to the brudial heart disease caused by occupational causes, the Plaintiffs filed a claim against the Defendant for survivors’ benefits and funeral expenses based on the Industrial Accident Compensation Insurance Act, but protested against the non-payment decision, and sought revocation of the disposition of refusal of the payment of survivors’ benefits and funeral expenses against the Plaintiffs on May 8, 2013.

The judgment of the first instance accepted all the plaintiffs' claims on the grounds that there is a proximate causal relationship between C’s death and work, and the defendant appealed against this.

(Plaintiff B withdraws a lawsuit against the Defendant’s refusal of payment of funeral expenses in this court). 【Related Acts and subordinate statutes’ is as shown in the attached Form.

나. 전제된 사실관계 【증거】갑1, 2, 3, 6, 12, 갑16, 18의 1,2, 을1, 2, 3, 5와 변론 전체의 취지 ⑴ 당사자 ㈎ C은 인력사무소를 통하여 2012. 12. 5. ㈜모드인성민이 시공하던 서울 강서구 F 하수암거 보수공사의 현장 일용직 근로자로 채용된 사람이다.

㈏ 원고들은 C이 사망할 당시 C과 생계를 같이 하지 아니하던 자녀들이며(C이 사망할 당시 C과 생계를 같이 하고 있던 배우자, 자녀, 부모, 손자녀 및 조부모는 없다), 원고 A는 C의 장제를 지낸 유족이다.

The death C caused by the Helovascular disease of Habro C, on December 5, 2012, was put up through a window (a machine being loaded or unloaded with heavy objects) at the construction site of sewage and rock repair work on the site of sewage and rock dynasium repair work, and was used in the course of the work of cutting off the pipe with the pipe around 19:00, when the underground sewage hole was cut down to the underground sewage pipe around 19:00, and was returned to the Edynasium hospital, but it was later delivered to the Edynasium hospital around 19:24.

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