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(영문) 춘천지방법원 2017.12.26 2016구합16
유족급여 및 장의비 부지급 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. From April 13, 2014, the deceased B (hereinafter referred to as “the deceased”) worked as a temporary employee in the Dong Transport Co., Ltd. (hereinafter referred to as “Dong Transport”) and operated a cross-city bus driving service.

B. On June 26, 2015, the Deceased was killed at around 11:33 on the same day while he/she was bread while performing the work of exchanging bus sets.

C. On August 3, 2015, the Plaintiff, the deceased’s spouse, filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes occupational accidents. However, on October 15, 2015, the Defendant, following deliberation by the Occupational Disease Determination Committee, issued a disposition of survivors’ benefits and funeral funeral funeral expense (hereinafter “the instant disposition”) on the ground that “the objective grounds for unexpected incidents related to business, sudden changes in the business environment are insufficient, and lack of rapid stress or chronic disorder that may cause acute heart color, and it is difficult to recognize the relevance of business due to the risk factors of cardio-cerebrovascular diseases, such as urology, hemosis, dyssis, and rain, etc.”

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 2, 3, 4 (including branch numbers), the purport of the whole pleadings]

2. Whether the disposition of this case is legitimate;

A. The Plaintiff’s assertion that he/she provided a long-time work within 15 hours a day from the 14th month from the dynamic transport, and the maximum of 15 minutes a day to 20 minutes a day from 3-4 every 15 minutes a day, and the day (preliminary days) among the days off the ductary work given each week was caused by the death of the Plaintiff’s assertion while his/her physical skin was accumulated and emotionally in a state of attendance.

This resulted in the death of the deceased, as the urology, which is the existing disease of the deceased, rapidly aggravated from natural conditions due to occupational burden factors, which led to the death of the deceased.

(b).

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