logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2015.06.18 2013누1361
요양불승인처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From September 24, 1987, B had been working in the Gwangju metropolitan factory (hereinafter “Magju factory”). On February 23, 2011, C Hospital was diagnosed as liver cell cancer (hereinafter “the instant injury and disease”), and was transferred to the Daegu National University Hospital (hereinafter “the instant injury and disease”). On March 24, 2011, B died on October 26, 201, while undergoing the same diagnosis, and was receiving the treatment by the same diagnosis.

B. On December 1, 2011, the Plaintiff, the spouse of the deceased B (hereinafter “the deceased”), filed a claim for the payment of bereaved family’s benefits and funeral expenses with the Defendant on the ground that “the deceased died of the injury and disease of this case due to overwork, such as having been exposed to harmful substances and serving as the 2nd week, due to stress.” However, on August 13, 2012, the Defendant rendered a decision on the payment of bereaved family’s benefits and funeral expenses (hereinafter “the instant disposition”) on the ground that “the instant injury and disease was only caused by chronic hepatitis B, which is an existing disease of the deceased, due to natural progress, and proximate causal relation between the deceased’s work and the deceased’s work” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 10-1 to 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was exposed to harmful substances, such as hazardous gas and softs, at an enclosed work space for a long time, and then changed his night duty into a shooting field, and continued to work for iron-free and holiday work for 10 hours a day, while performing duties related to the head of the vehicle. The Plaintiff’s assertion was suffering from overwork and stress, such as performing duties as E.

Therefore, even if the chronic hepatitis B, which is an existing disease of the deceased, is one of the causes of the instant injury, the instant injury and injury to the deceased, as such, overlaps with the poor working environment and the main causes of the instant injury and stress.

arrow