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(영문) 서울남부지방법원 2020.07.16 2019가단254714
손해배상(산)
Text

1. The Defendant: (a) from March 24, 2018, the Plaintiff 81,456,505 won, Plaintiff B, and C respectively; and (b) from March 24, 2018, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff A’s spouse, Plaintiff B, and C are the deceased’s children.

The defendant is a corporation with the purpose of funeral business, funeral expenses wholesale, retail and lending business, funeral transportation business, funeral assistance business, etc.

B. On April 28, 2016, the Plaintiff joined the Defendant Company.

The plaintiff was in charge of delivery, installation, and collection of goods, such as group, upper clothes, and unconstitutionalization, using one ton cargo vehicle from 06:0 to 22:00.

However, from 05:30 to 05 to 22:00, the vehicle was returned to the workplace and the vehicle was retired at 24:00 after the work was completed.

The group set up 5-6 units a day on an average, and operated vehicles for the delivery, collection, etc. of foreign goods.

C. Around 06:00 on March 24, 2018, the Plaintiff was deprived of consciousness within the tea and was transferred to a hospital, and was given medical treatment after being diagnosed in detail as a prop-propacting and reploaking surgery, etc. of the two inculatory connection, but died on April 2, 2018.

(hereinafter “instant accident”). D.

The average working hours of the Deceased for the fourth week prior to the instant accident are 59 hours and 53 minutes (excluding one hour in total, excluding one hour in the first and second classes, and night work is 1.3 times multiplied by 1.3 times. The same shall apply hereinafter.). The average working hours per 12 weeks are 63 hours and 33 minutes per week.

This is a specific recognition standard for determining whether a prop-supported transfusion is an occupational disease under the Industrial Accident Compensation Insurance Act, “whether it causes a chronic burden of having significant physical or mental effects on normal functions of brain-dead or cardio-cerebrovascular due to changes in the volume, time, strength and responsibility of the business, etc.” [Article 34(1) and 34(3) of the Enforcement Decree of the same Act, subparagraph 1(a) of attached Table 3(3) of the same Act, which is determined and publicly announced by the Minister of Employment and Labor, 60 hours per 12 weeks average work hours per week.

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