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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. Nonparty B (C) served as the head of the operating division in D Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of producing and selling advertising materials.
B. On December 26, 2017, B, while verifying the products to be delivered at the place of business of the non-party company, complaining for and using breast delivery cards, and the fee was sent to the hospital, but died as a private person on the same day at around 11:02 on the same day.
(hereinafter referred to as “the deceased”). (c)
On March 2018, the Plaintiff, the mother of the deceased, claimed bereaved family benefits and funeral expenses to the Defendant on the ground that the death of the deceased constitutes occupational accidents.
On June 5, 2018, the Defendant rendered a disposition of family's benefits and funeral expenses (hereinafter "disposition of this case") against the Plaintiff on the ground that "the deceased seems to have died of the heart suspension by acute fluoring, it is difficult to deem that the deceased was overworked in light of the time of work and the details of work, etc. of the deceased, or it is difficult to view that the deceased was exposed in combination to the increased work burden factors, and thus it is difficult to recognize a proximate causal relation between the deceased's work and death."
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 3 and 5's statements (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was driven by approximately 170-180 km a day to visit a customer who is about 14-15 place of advertisement delivery and collection work, and the Plaintiff’s occupational stress was extremely serious.
The cause of the deceased’s death appears to be a acute fluorial color, which can be deemed to have been caused by occupational and stress, or rapidly aggravated at least by natural speed.
Therefore, there is a proximate causal relationship between the death and the work of the deceased.
As such, it is a different premise.