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(영문) 부산지방법원 2015.07.22 2014구단20555
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On September 27, 2013, at around 14:30 on September 27, 2013, the Plaintiff’s father, as a daily worker affiliated with East Asiaex Co., Ltd. (hereinafter “the network”). Around September 27, 2013, the Plaintiff’s father, was found to have fallen and died while performing the construction of shock studs at the Bridge at the Busan Cheongdo-dong branch of Cheongdo-dong, Busan, Busan, the construction site of the project site for North Cheongdo-dong, Cheongdo-dong, Busan, the construction site of the project site for North Cheongdo-dong, Cheongdo-dong, which was the construction site of the project site for North Cheongdo-dong, and the body draft written by the Plaintiff’s doctor “D

(hereinafter referred to as “instant accident”) B. the deceased’s death

On March 21, 2014, the Plaintiffs asserted that the deceased died from an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant on August 7, 2014, the Defendant rendered a decision to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiffs on the ground that “the cause of death is unclear, and the grounds for death due to a mental disease cannot be found, and it is difficult to recognize the relevance between duties and disaster because of the lack of confirmed causes such as overwork, stress, etc. related to the work prior to the outbreak.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Defendant asserted that the deceased committed suicide, on the premise that the deceased committed suicide, but the deceased did not have any reason to commit suicide, as the owner of a flat character, and did not discover any reason to commit suicide. The deceased’s death is an accident that is not a suicide.

The Deceased died after falling down on a rail due to lack of safety facilities management, etc. while performing the construction of steel-proof studs on the bridge upper part of the bridge on the date of the instant accident. As such, the Deceased’s death is due to his duties.

Therefore, the defendant.

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