logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.11.14 2017구단10211
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 18, 2016, the Plaintiff’s husband, who was the Plaintiff’s husband of the disposition (hereinafter “the deceased”) was found to have been on the part of the company’s office and sent back to the ordinary university hospital at around 13:10 on the same day while working in the Telecommunication Fire Service.

On October 27, 2016, the Plaintiff asserted that the death of the deceased constitutes an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. On December 5, 2016, the Defendant rendered a decision on the payment of survivors’ benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the death and the work of the deceased.

[Grounds for recognition] The entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion caused death due to excessive overtime work, business trip work, etc., and stress. As such, there is a proximate causal relation between the deceased’s death and work, and the instant disposition taken by deeming otherwise is unlawful.

B. In fact, the deceased, such as the duties, etc. of the deceased, served as the part of Telecommunication Co., Ltd and Telecommunication Fire Fighting Co., Ltd. from April 23, 2007, and the Korea Fire Fighting Corporation, etc., and served as the joint engineering unit of the Co., Ltd. from August 1, 2015 to July 31, 2016, and served again as the joint telecommunication fire fighting unit of the Co., Ltd. from August 1, 2016.

The Deceased worked for each of the above companies and performed the same work, such as calculation of estimated construction cost, purchase of materials, request for orders, modification of drawings, cooperation with the subcontractor, etc., and the progress of the construction site and the confirmation of drawings.

The Deceased, while working under the Sjin Engineering Co., Ltd., was performing his duties at any time in order to perform the outsourcing duties, etc. at the construction site of the Kimhae Cultural Center.

arrow