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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 18, 2016, the Plaintiff’s husband’s husband net B (CB, hereinafter “the deceased”) was employed at the Dosung Developmentcheon Branch and operated heavy equipment (PC) and performed on-site management of aggregate and on-board and on-board and low-class work of aggregate. On the 19th of the same month, the Plaintiff completed work at around 18:00 of the same month, and then fell from Paro, while he was on the part of the Plaintiff, after explaining the work and giving an explanation on the work following the following day.
B. At around 01:50 of the same month, the Deceased died of cerebral cerebral cerebral cerebral Sponsor as the first class, the second class, the second class, the second class, the second class, the second class, the second class, the second class, the second class, the first class, the cerebral typhrosis, the second class, and the second class, the second class, the second class, and the second class, and the second class, the second class, and the second class, the second class, the second class,
C. On May 12, 2016, the Plaintiff claimed bereaved family benefits and funeral expenses to the Defendant. On August 3, 2016, the Defendant rendered a disposition of bereaved family benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that it is impossible to recognize a proximate causal relation with the deceased’s death, on the grounds that the cause of fall identified as a preceding death is presumed not to be an occupational cause, and thus, presumed to be a de facto cause, not an occupational cause.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 4, 6, 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased died due to brain damage caused by fall, and thus, the Defendant’s disposition denying the causal relationship with the deceased’s work was unlawful.
B. Determination 1) The working conditions and content working hours of the deceased: 09:0 to 18:00 (including double-time one hour): The details of the work of the deceased: The aggregate on the upper 25 tons of the aggregate on April 19, 2016 (the date of the accident) - the average of 1 to 2 minutes on the upper - the upper tier of the aggregate (the average of 1 to 2 minutes on the first upper tier, and the first tier is completed if it is operated up to 2 times) - the upper tier of the aggregate on April 18, 2016 (the date of entry).