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(영문) 서울고등법원 2014.08.20 2014누41864
유족급여및장의비부지급처분취소
Text

1. Revocation of the first instance judgment.

2. On January 11, 2012, the Defendant’s payment of bereaved family benefits and funeral expenses to the Plaintiffs.

Reasons

1. Details of the disposition;

A. On January 7, 2008, the Plaintiffs were employed in E Co., Ltd. (hereinafter “instant company”) with the main business of manufacturing and selling air conditioners and steel products, and were working as ordinary members in the business management team distribution management division. On August 15, 201, the Plaintiffs’ network C (D students, hereinafter “the deceased”) was found to have died from the king F’s home located in the king City F as an acute funeral.

B. On November 30, 2011, the Plaintiffs asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses. On January 11, 2012, the Defendant rendered a disposition of survivors’ benefits and funeral funeral site pay (hereinafter “instant disposition”) to the Plaintiffs on the ground that “the deceased’s death is not an occupational accident, and there was no special circumstance, such as rapid changes in working environment within 24 hours prior to the outbreak, and the duty burden details to prove excess in terms of the ordinary work quantity, time, robbery, etc. for at least three months prior to the outbreak, may not be verified, and it is likely that the deceased’s death might be an acute funeral due to an in-depth disorder caused by an in-post symptoms, and there is no occupational career or stress that might worsen.”

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

2. Whether the instant disposition is lawful

A. The fleet's work performed by the plaintiffs is not only the shipping and shipping of various teams and factories related to the internal export and import of the company, but also the external ship company. The deceased, who is a short employee, has no choice but to have much stress in the course of performing his/her duties.

In addition, since several months have passed since the death, human resources in the field have been rapidly reduced, so the amount of work of the deceased has increased rapidly, and in particular, died.

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