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(영문) 수원지방법원 2016.07.22 2015구단32210
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. On August 9, 2014, the deceased was employed and worked as a shot hole in the construction site of the Gyeonggi-si apartment located in the Gyeonggi-si apartment located in Hanyang-si Co., Ltd., on September 1, 2014, and around September 14:35, 2014, the deceased was present at an accident where approximately KRW 300 g of the weight, which was 300 g of the deceased, fell at a top of about 2 meters of the deceased’s weight.

B. As above, the Deceased complained of approximately five minutes after the occurrence of the accident that fells at the Ambrupt, and went to the nearby hospital, and was diagnosed as “brain color” (hereinafter “the instant injury”). On September 14:03, 201, the Deceased died of the cerebral le, a direct death, and the cerebral typosis, a prior brain death, around 14:03, while receiving medical treatment at the Ambru Hospital.

C. As the wife of the Deceased, the Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses by asserting that the deceased’s work ability in light of the content of the deceased’s work is determined to be an aggravation of personal disease, which is not enough to be the basis of occupational route and stress, and that proximate causal link between the work and the injury of this case is not recognized, on the ground that the work performed is not recognized, on November 10, 2014, on the ground that the work performed by the deceased’s wife’s wife’s work ability is determined to be caused by aggravation of personal disease, and that proximate causal link between the work performed and the injury of this case’s disease.

The plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on January 16, 2015.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Article 34(3) [Attachment 3] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act provides that brain color is a occupational disease.

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