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(영문) 수원지방법원성남지원 2019.11.13 2018가단232064
위자료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 1, 2016, the Defendant subcontracted the C-New Construction Contract to D, and on October 1, 2016, E, who entered D, had human resources and overall process management at the site of the said C-New Construction Project.

B. At around 09:30 on March 1, 2017, E returned to a dormitory located in the vicinity of the construction site, and was used in the ward, and died at around 23:45 on March 8, 2017.

(Direct death: brain liver, indirect death: brain side, and first-aid death: Voluntary cerebral cerebral cerebral typhy).

With respect to the death of E on July 5, 2017, the Korea Workers' Compensation and Welfare Service Committee did not change a sudden or sudden work environment related to the work within 24 hours prior to the outbreak, and the average work hours per 4 hours per week prior to the outbreak, 54 hours per week average work hours per 12 hours and 40 hours and 39 minutes per week prior to the outbreak, which fall short of the chronic passing standards. However, the daily work hours per week prior to the outbreak increase above 56 hours by 39 hours per week average work hours and 16 minutes per week prior to the outbreak, and continued work without a holiday of 21 days prior to the outbreak. Accordingly, the Korea Workers' Compensation and Welfare Service recognized the occupational disease determined by the Industrial Accident Compensation Insurance Act to have caused the death of an existing disease due to such occupational factors.

The plaintiff is the only heir of the deceased E as his/her father.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The plaintiff's assertion is that the defendant created and improved a pleasant working environment for the deceased pursuant to the Industrial Safety and Health Act or the good faith principle, and reduce working hours compared to other workers by ascertaining the past illness of the deceased, or securing time to rest sufficiently.

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