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(영문) 창원지방법원 2015.11.24 2014구단10302
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A. On April 27, 2013, the Plaintiff’s husband was serving in El Electronic Co., Ltd. (hereinafter “the instant workplace”). At his home around 04:40 on April 27, 2013, the chest respondeded to the answer and was sent back to the hospital. However, on the same day, at around 05:02, the Plaintiff died.

B. Accordingly, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on July 24, 2014 that the deceased’s death constituted occupational accidents. However, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses on the ground that there was no proximate causal relation with the deceased’s death on July 24, 2014

(2) In light of the following facts: (a) there is no dispute over the instant disposition (hereinafter “instant disposition”); (b) evidence Nos. 1 through 3; and (c) evidence Nos. 1 and 5, the summary of the Plaintiff’s assertion of legitimacy of each disposition of the Plaintiff’s evidence Nos. 1 through 3; (b) the Deceased was judged guilty of geological blood transfusion for more than 2010; and (c) there was no special reason for causing cardiopulmonary disease than the general public; and (d) there was no physical and mental stress other than the physical and mental stress caused by work at the time of death; and (e) the instant workplace’s unilateral coercion of overseas service and cooperation company’s work for a long time due to the poor working environment where most of the areas of the instant business were forced to work abroad; and (e) there was a high probability that the infinite might have been caused by the heart, and (e) the death was presumed to have occurred due to mental shock by the business owner’s notification of overseas work in the Republic of Korea.

Therefore, it is clear that the deceased’s work aggravated the health of the deceased beyond nature and caused their death. Thus, the instant disposition that did not recognize the causal relationship with the deceased’s death is unlawful.

The attached Form of the relevant Acts and subordinate statutes shall be as follows.

In fact, the deceased's work on December 22, 1983.

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