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(영문) 인천지방법원 2018.06.21 2017구합50236
유족급여등부지급처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The deceased B (hereinafter “the deceased”), who was the husband of the Plaintiff during the course of the disposition, was found to have been on duty in the contact with C from Jan. 2, 201, and was sent to D Hospital on Feb. 12, 2016, at around 06:47, and was sent back to D Hospital on the same day.

On April 14, 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 June 23, 2016, the Defendant rendered a decision on the payment of survivors’ benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that it is difficult to recognize the proximate causal relation between the death and the work of the deceased.

[Ground of recognition] Evidence Nos. 1 through 5, 8, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the death of the deceased was caused by cumulative occupational work, such as a business trip, and overwork, stress, etc. caused by exposure to harmful substances. As such, there is a proximate causal relation between the death and the work of the deceased, and the instant disposition taken by deeming otherwise is unlawful.

B. In fact, the deceased, including the duties of the deceased, was employed by teba Korea Co., Ltd. from around 1998, and worked for adjoining hole, etc., from January 201, the deceased worked for tebamer C from manufacturers of industrial machinery, such as compressors and crushingers. The six-day work day per week (day, Tuesday, Tuesday, Tuesday, 00 to 20:30 on Tuesday, 00 to Tuesday, 08:00 to 17:30 on Saturdays, and Tuesday, he was engaged in local business trip at time, and was engaged in the work of transporting materials, etc., and was engaged in the work of local business trip from time to time to time to time to time, and was engaged in the work of altering containers within the company without leaving as a house on the day of night extension.

The Deceased, while performing the above duties, shall work for extension, holidays, and regions.

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