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(영문) 대구지방법원 2017.12.15 2017구단10628
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The deceased D (hereinafter “the deceased”) was an employee of the Coina Coin, Ltd. (hereinafter “Nonindicted Company”), and died of the deceased on November 18, 2016 as “brupt scarbing, scarbing, scarlet, and scarbing scarlet,” around 15:50 on the same day while she was waiting in a middle patient room and was waiting in a middle patient room.

B. On March 6, 2017, the Plaintiff B and C, the wife of the Deceased, filed an application for survivors’ benefits and funeral expenses with the Defendant on March 6, 2017. On April 6, 2017, the Defendant rendered a disposition of survivors’ benefits and funeral expenses on the ground that the death of the Deceased is not recognized as a proximate causal relation with his/her duties.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion: (a) worked 6 days a week other than Sundays and carried out physical work; (b) dust was working in a large working environment; and (c) was exposed to the outside work site at the time of death.

As such, the Deceased died due to the exposure to a usual work environment, poor work environment, and drilling, which led to the aggravation of existing diseases beyond natural progress.

Therefore, the death of the deceased is recognized as a proximate causal relation with his duties, so the disposition of this case is unlawful.

B. 1) On July 1, 2015, the Deceased was employed in the non-party company on July 1, 2015 and was working in the same international harbor plant. At the same time, the Deceased engaged in melting work and produced a volume of 10 days per year.

Meanwhile, even before becoming a member of the non-party company, the deceased belonged to the Minedong Co., Ltd. from July 1, 2008 to June 30, 2015 and has performed the same duties in the same factory.

B. The deceased’s working hours shall be.

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