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(영문) 창원지방법원 2015.09.22 2014구단10401
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On May 18, 2009, the deceased B (hereinafter “the deceased”), who is the husband of the Plaintiff, was employed by the Kwon Construction Co., Ltd. (hereinafter “instant workplace”) and was working at the D National Highway Construction site (hereinafter “instant construction”). On January 16, 2012, the deceased on February 20, 2012, after receiving diagnosis of “liveration” and being treated as a direct death.

Accordingly, on July 10, 2014, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes an occupational accident. However, on October 8, 2014 after deliberation by the Occupational Disease Determination Committee, the Defendant rendered a site-based disposition on the ground that the deceased’s death did not have a proximate causal relation with

(hereinafter referred to as “instant disposition”). [The grounds for recognition] did not dispute, Gap evidence Nos. 1, 2, and 4, Eul evidence Nos. 1 and 7, and Eul evidence Nos. 1 and 7, and the purport of the overall purport of the argument of the Plaintiff’s argument is legitimate. After entering the instant workplace, the Deceased continued to be exposed to a large quantity of harmful substances and experienced excessive stress in the course of performing work and field control duties as the head of the relevant working group.

In particular, the extension of work has led to the late work due to the extension of work while living in the construction site. In order to maintain a smooth relationship with the residents who have filed a civil petition, it was inevitable to drink frequently.

Therefore, in full view of various circumstances, the deceased's work results in the death due to liveration and liverrosis, etc., and thus, the instant disposition that did not pay survivors' benefits, etc. is unlawful because the deceased's death is not recognized as an occupational accident.

In fact, on May 18, 2009, the Deceased’s duties were employed as the head of the Working Group on the Construction Site of this case.

The Deceased shall exercise overall control over and manage the work on the construction site, such as the management of service workers, on-site cleaning, and arrangement of materials.

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