logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.05.14 2014구합2038
유족보상금 등 지급부결처분취소
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. On April 1, 2009, the Plaintiff’s spouse He joined the boiler Co., Ltd. (hereinafter “Nonindicted Company”) and was in office as the head of the Technical Department until the time of death.

B. The Deceased was residing in and commuting to the apartment dormitory located in Pyeongtaek-si E, which is the location of the non-party company, and was found at around 10:30 on August 14, 2013 as a result of the death of the workplace from the above dormitory.

The examination report prepared by the F Hospital stated that the cause of death is ‘incompetence', but the result of the examination conducted by the National Scientific Investigation Institute was found to be ‘incompetenceless fluence'.

C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident and claimed for the payment of bereaved family’s compensation and funeral expenses to the Defendant. However, on May 27, 2014, the Defendant rendered a decision on compensation for survivors’ compensation and funeral expenses (hereinafter “instant disposition”) on the ground that the causal relationship between the deceased’s death and his/her duties is not recognized.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 13, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion suffers from physical and excessive mental stress due to rapid increase in the work capacity, excessive work, long distance commuting, business trip, etc. In addition, the Plaintiff’s death from a dormitory that is not equipped with cooling facilities with air conditioners due to a sudden increase in the work capacity. As such, there is a proximate causal relation between the deceased’s death and the work, the instant disposition taken on a different premise is unlawful.

B. 1) On April 1, 2009, the Deceased entered the company of the non-party on April 1, 2009, and was in charge of the development of boilers, preparation of the work-based proposal, and business activities.

B. The Deceased, basically, on 09.

arrow