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(영문) 대구지방법원 2018.02.08 2016가단118421
유족보상금청구의소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

(2) On December 16, 2014, at around 00:03, the hospital arrived at the hospital without any effect and died at the hospital.

[Reasons for Recognition] Facts without dispute, Gap 3 through 7, 17 evidence (including paper numbers; hereinafter the same shall apply), Gap 15-1 and 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. After work as F’s researcher, the Deceased performed excessive tasks such as three domestic research tasks, one research and study paper, the author’s thesis guidance and joint research paper writing by two graduate students in the U.S. on-site courses, and the author’s thesis examination conference and instruction by domestic E-type graduate students.

The research content period of the institution’s J. I increased the daily work hours by 37.9 hours per week, average of 5.4 hours per day, and 35.1% per week average of 50.8 hours per week, and 35.1% [(7.3 hours-5.4 hours)/5.4 hours]/100 per day during the three-month period before the deceased’s death.

B. Although the Deceased was suffering from pulphical high-tension symptoms, he/she was well-managed while taking out the drugs of high blood pressure. The Deceased was suffering from sudden stress due to such excessive duties, and he/she also showed the climatic symptoms, such as the two copies and Gutos before the death. However, due to the study of the study of the study of the study of the study, he/she did not undergo hospital treatment and went through the examination of the study of the study of the study, and died.

The deceased’s death constitutes death caused by occupational diseases, since there is a considerable causal relationship with the duties performed by the deceased.

C. Therefore, the Defendant is obligated to pay the Plaintiffs’ compensation amounting to KRW 208,241,770 [the standard monthly income amounting to KRW 8,899,221 at the time of his retirement x 234/10].

3. Judgment on the plaintiffs' assertion

(a) A soldier’s disease or injury which constitutes the requirement for the payment of compensation for survivors under Article 61(1) of the Official Pension Act which applies mutatis mutandis under Article 42 of the Pension for Private School Teachers and Staff Act.

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