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(영문) 광주고등법원 2019.07.11 2018누5382
유족급여및장의비부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. The plaintiff's explanation is as stated in the reasoning of the judgment of the court of first instance, except for the plaintiff's repeated emphasis or additional determination as to the newly asserted contents. Thus, it is acceptable to accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] Article 37(1) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) shall add Article 37(1) as follows.

1. An accident on duty:

(a) Any accident that happens while he/she performs a duty under an employment contract or any other act incidental thereto;

(b) Any accident that happens due to any defect or negligence in management of the facilities, etc. provided by the relevant business owner while using such facilities, etc.;

(c) Deleted;

(d) An accident under the supervision of the business owner or during preparation for an event or event in compliance with the direction of the business owner;

(e) An accident that happens due to an act deemed under the control and management of the business owner during recess hours;

(f) Other accidents in connection with the business affairs.

2. Additional determination

A. The plaintiff's assertion 1) The deceased's cerebrovascular was caused by the mental shock that was caused by the deceased's failure when the deceased introduced the president of the association at a regular assembly of representatives. Thus, it is necessary to prove that there was no proximate causal relation between the deceased's business and the accident pursuant to Article 37 (1) 1 of the Industrial Accident Compensation Insurance Act.

B. As to the criteria for recognition of occupational accidents, Article 37(1) of the Industrial Accident Compensation Insurance Act as to whether an employee constitutes “occupational accident” refers to an injury, disease, or disability caused by any of the following causes.

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