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(영문) 대구지방법원 2019.03.15 2018구단864
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 8, 1977, the deceased B (hereinafter “the deceased”) was a person who was employed and worked for the Korea Minting and Security Printing Corporation (hereinafter “Korea Minting and Security Printing”) (hereinafter “Korea Minting and Security Printing”), and died on June 24, 2016.

B. On September 15, 2017, the Plaintiff, the deceased’s spouse, claimed for survivors’ benefits and funeral expenses to the Defendant. On February 28, 2018, the Defendant rendered a decision to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiff according to the results of deliberation by the Occupational Disease Determination Committee that the proximate causal relation with the deceased’s death was not recognized, and thus, cannot be recognized as an occupational disease.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 12, Eul evidence 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. As of January 1, 2007, the Plaintiff asserted that he moved from the Power Ministry of Environment D to E of the Ministry of Environment. At the time, F, who was in charge of major duties in E, was dispatched overseas, the deceased was faced with excessive duties and was omitted from promotion, and the president of G and H had stress on the ground that the deceased did not perform his duties properly.

The Deceased caused depression due to aggravated stress, and after the year 2010, the symptoms were highly advanced and did not receive any special mental treatment. However, after moving to I department on July 1, 2015, the depression was eventually aggravated due to occupational stress and eventually caused suicide.

As such, the Defendant’s disposition taken on a different premise is unlawful despite the existence of proximate causal relationship between the work and the deceased’s death.

B. Fact 1) On July 25, 1995, from July 25, 1995 to December 31, 2006: D and safety managers; analysis of factors for safety accidents; first aid and preventive measures; education and training on occupational health and safety; circuit inspection;

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