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(영문) 청주지방법원 2016.08.25 2016구합181
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. The Plaintiff’s husband’s husband B (the Plaintiff’s husband in 47 years, hereinafter “the deceased”) is a person who worked as a forest fire guard belonging to the Jincheon-gun.

B. On April 30, 2015, around 09:00, the Deceased went to the D sentry located in Jincheon-gun, Jincheon-gun, Jincheon-gun, and on the same day, the Deceased made a call that only the Plaintiff will go to the house for more than 12:00 hours.

However, the Deceased did not arrive at the house until the time when the Plaintiff speaks, and the contact was not made thereafter, at around 17:50 on the same day, and around 500 meters away from the FJE located in Jincheon-gun, Jincheon-gun, Jincheon-gun, Jin-gun to the future.

C. The Plaintiff claimed for the payment of bereaved family benefits and funeral expenses to the Defendant, but on August 26, 2015, the Defendant rendered a bereaved family’s benefits and funeral funeral site pay disposition against the Plaintiff on the ground that there was no sudden change in the work environment before the deceased’s death, and there was no proximate causal relation between the work and the disaster (hereinafter “instant disposition”). D.

In response to the instant disposition, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said request was dismissed on November 19, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 5, 6, 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion appears to have been killed while performing his duties as a forest fire inspector. This constitutes an accident that occurred while performing duties under an employment contract under Article 37(1)1(a) of the Industrial Accident Compensation Insurance Act.

Therefore, the defendant's disposition of this case is unlawful.

나. 관계 법령 ▣ 산업재해보상보험법 제5조(정의) 이 법에서 사용하는 용어의 뜻은 다음과 같다.

1. The term "occupational accident" means any injury, disease, disability or death of a worker which is caused by an occupational reason;

Article 37 (Standards for Recognition of Occupational Accidents) (1)

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