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(영문) 서울고등법원 2015.01.21 2014누66795
유족급여및장의비부지급처분취소
Text

1. Revocation of the first instance judgment.

2. On November 7, 2013, the amount of bereaved family benefits and funeral expenses the Defendant paid to the Plaintiff on November 7, 2013.

Reasons

1. Details of the disposition;

A. On August 11, 2013, at around 13:30, the Plaintiff’s dynamic B (CB; hereinafter referred to as “the deceased”) was in the process of operating a lifts at the construction site of the Korea Home Styton Factory located in the Don Jeju Jeju Jeju Jeju Jeju District (hereinafter “the construction site of this case”) and delivering the steel structure connections, etc. to the club workers. While the Plaintiff was in the process of operating a lifts at the construction site of the Korea Home Styton Factory located in the Don Jeju Jeju Jeju District (hereinafter “the construction site of this case”), the Plaintiff was deprived of his own consciousness. While the Plaintiff was sent back to the 119 emergency squad, it was killed as it was on August 14:31, 2013.

B. On September 26, 2013, the Plaintiff asserted that the death of the deceased constituted an occupational accident and claimed expenses for bereaved family benefits and funeral. However, on November 7, 2013, the Defendant rendered a decision to refuse payment (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relation between the death and the work of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 11, Eul evidence No. 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 요지 망인은 이 사건 공사현장에 채용된 이후 18일 동안 계속 휴일 없이 초과근무를 하면서 과로하였고, 특히 무더운 여름철에 뙤약볕에 노출된 채로 강도 높은 노동을 함으로써 상당한 스트레스를 받았다.

Ultimately, due to such occupational malpractice and stress, a acute funeral has been caused to the deceased, or such in-depth stress has rapidly aggravated the deceased’s existing heart disease and led to an acute heart funeral by an in-depth connection. Therefore, a proximate causal relationship exists between the deceased’s death and the work.

B. Determination 1) In fact, the deceased had been working as a daily worker from around 2008, and on July 25, 2013, the Seo Sea General Construction Co., Ltd. (hereinafter “Seo Sea General Construction”).

(2) shall be a member of the Board of Governors.

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