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(영문) 광주고등법원(전주) 2015.06.08 2014누1005
유족급여및장의비부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On April 1, 2011, the Plaintiff’s husband B (CB, hereinafter “the deceased”) entered the gas station D (hereinafter “instant gas station”) and was in charge of vehicle gasoline, diesel oil, electric ticket handling, etc.

B. At around 21:00 on December 5, 2012, the Deceased used 4 visitors at the gas station office of this case during night work, and took a eroke attitude to get off the floor of the gas station of this case. On the same day, at around 21:12, the Deceased laid down the body on the floor of the office and turned down the body on the floor, and was found to have died at around 04:00 on the following day.

The body autopsy report of the deceased is written by the person directly in charge as a “pactical autopsy,” but it does not include a middle secretary, etc. who is the direct cause of the above person.

C. On January 8, 2013, the Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed a claim for compensation for survivors and funeral expenses. However, on March 8, 2013, the Defendant rendered a decision that the compensation for survivors and funeral expenses shall not be paid on the ground that “the cause of death is unclear as a result of a review of the deceased’s duty of duties, working hours, body autopsy report, advisory opinion, etc., and as a result, the cause of death is unclear, and the deceased’s death does not constitute an occupational accident as a result of insufficient course and stress in light of the content of the work before the death” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 9, 11, 13 through 17 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The gist of the Plaintiff’s assertion is that the deceased died due to the heart color based on the excessive work of the gas station of this case, which constitutes occupational accidents.

Therefore, compensation for survivors and funeral expenses shall be claimed on the ground that the death of the deceased does not constitute an occupational accident.

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