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(영문) 인천지방법원 2020.11.27 2018구합54501
유족급여 및 장의비 부지급 처분 취소
Text

On December 1, 2017, the defendant revoked the disposition of bereaved family's benefits and funeral expenses against the plaintiff on December 1, 2017.

The costs of lawsuit.

Reasons

The developments leading up to the instant disposition (CB, hereinafter referred to as “the deceased”) were employed as a driver of the cateral season from October 7, 2016 to be “D” (business owner E).

From October 7, 2016 to November 30, 2016, the Deceased worked at the “G Construction Site” in the Seo-gu Incheon City, Seo-gu, Incheon, and from December 1, 2016 to December 19, 2016, at the “I Construction Site” in the “I Construction Site,” respectively, and from December 20, 2016, the Deceased worked at the “SI Construction Site” (hereinafter “the Work Site”).

On December 22, 2016 (hereinafter referred to as “the instant disaster day”), the Deceased used a cutter to cut the tree roots from the site of the instant work on December 22, 2016 (hereinafter referred to as “the instant disaster day”), and was killed by a village resident at around 20:04 on the same day.

Since then, according to the result of the autopsy by the National Scientific Investigation Institute, the deceased's private person was identified as "hymical heart disease".

On August 11, 2017, the Plaintiff, the deceased’s spouse, claimed bereaved family benefits and funeral expenses to the Defendant.

On December 1, 2017, the Defendant rendered a disposition of survivors’ benefits and funeral site pay (hereinafter “instant disposition”) for the following reasons.

The daily average working hours of the 44 hours a week prior to the outbreak are not verified to have increased more than 30% compared to the daily working hours, or to have increased other responsibilities or robbery. The 40 hours a week average working hours per week prior to the outbreak, the average working hours of the 12 week average working hours per week prior to the outbreak are not objectively verified, and there is no special occupational burden to the degree that there is an excessive physical or mental burden prior to the outbreak of 51 hours a week, and the weather conditions on the day of the outbreak, such as short-term, chronic, etc. are not verified.

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