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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The deceased C (hereinafter “the deceased”) is the spouse of the Plaintiff, and D and E are the children of the Plaintiff and the deceased.
B. From July 2013, the Deceased was employed by the Defendant at the F-place of business and carried out the duties of driving freight cars at night. The work type is six (6) days per week (on Saturdays). The working hours were from 17:00 to 06:00 to 07:00 on the following day, and the rest hours were about thirty (30) minutes during working hours.
C. Around 18:10 on August 18, 2015, the Deceased was used as cerebrovascular (the name of a patient on a medical certificate: cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral dys, and cerebral dys dys dys dys dys dys dys hys hys hys hys hys hys hys
[Ground for Recognition: Unsatisfy, Entry in Gap evidence 1 through 7 (including evidence with a satisfy number), the purport of whole pleadings]
2. The plaintiff's summary of the plaintiff's assertion is the employer of the deceased, and the defendant is obliged to properly assign duties so as not to harm the deceased's body and health as excessive work, and to verify whether the deceased's health is abnormal and to provide the deceased with an opportunity to receive appropriate treatment.
Nevertheless, the Defendant, while having the Deceased work for more than 12 hours at night, imposed an excessive burden of work, such as allowing the Deceased to rest time only short time.
Therefore, the defendant is liable to pay damages to the plaintiff who is one of the deceased's successors, as well as damages for delay, on the ground that the defendant violated the duty of protecting the deceased and the duty of safety consideration, and as such, the deceased died.
3. Determination
A. Under Article 5 of the Industrial Accident Compensation Insurance Act, compensation for damages arising from tort and the duty of employers.