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(영문) 울산지방법원 2019.07.11 2019구합5223
유족급여 및 장의비 부지급처분 취소 청구
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. On December 20, 1985, the Plaintiff’s husband’s husband B (CB, hereinafter “the deceased”) entered the Korea Rural Community Corporation and worked in D branch of the Korea Rural Community Corporation (hereinafter “instant branch”) until November 20, 2017 at the time of the Plaintiff’s death.

B. On November 20, 2017, around 09:30, the Deceased discovered the head of the vehicle at the instant parking lot, and transferred the body to E Hospital by the firemen dispatched by the report of his employees, but at the time, he was in a state of having no respiratory and beebling at the time, and died on November 20, 2017.

The cause of death in the death report against the deceased is an aesthetic prize, and the autopsy against the deceased was not conducted.

C. On April 6, 2018, the Plaintiff asserted that the death of the deceased constitutes occupational accidents, and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on July 3, 2018, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that “The cause of the deceased’s death is determined to have died due to an extension and cardiopulmonary disease, which is an existing personal disease, due to a dystrophy dystrophy, and a dystrophy and dystrophy caused by a dystrophy and dys

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8 (including branch numbers in the case of additional number), Eul evidence 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was under excessive stress as to the treatment of civil petitions at the instant workplace immediately before the death, and thus, the death of the Deceased is recognized as a proximate causal relation with his duties.

Therefore, the defendant's disposition of this case is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The Deceased’s work details are as follows: (a) the management and inspection of the local agricultural infrastructure facilities under his jurisdiction at the instant workplace.

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