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(영문) 창원지방법원 2016.10.25 2014구단10340
유족급여 및 장의비 부지급처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around April 9, 2012, the deceased B (the deceased; hereinafter “the deceased”) who is the husband of the Plaintiff was in charge of the work of repairing the air compressors by entering D around April 9, 2012. Around 10:20 on December 30, 2013, in performing the work of repairing the air compressors at the plant of Gyeong F&B Co., Ltd., Ltd., a customer, and was used to appeal for a drum, and died on January 16, 2014.

On April 14, 2014, the Plaintiff asserted that the death of the deceased constitutes an occupational accident, and the Defendant filed a claim for survivors’ benefits and funeral expenses with respect to the Defendant, and the Defendant rendered a decision on the survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the occupational branch of the deceased and the occupational branch of the instant case, and thus, it is difficult to regard the death of the deceased as a result of his occupational disease.

[Reasons for Recognition] The entry of Evidence Nos. 1, 6, 14, and 15, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering that the Plaintiff’s assertion that the deceased had inconvenienceed in the narrow space in the usual working environment, and was under the burden to promptly complete the work for the operation of the factory at that time, and that the deceased was in the process of repairing air compressions in the extremely occurring state due to the Plaintiff’s failure to inspect the air compressions from his client E, a president of the bedrooms on the day, to perform the duty of inspecting the air compressions, the instant disposition taken by the deceased was taken on the ground that there was a proximate causal link between the deceased’s work since the disease was caused due to the change of the working environment and the increase of occupational burden, etc., or the existing disease was aggravated beyond the natural progress, and thus, there was a proximate causal link between the deceased’s work.

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