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(영문) 전주지방법원 2014.10.29 2013구합2000355
유족급여및장의비부지급처분취소
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 April 1, 2011, the Plaintiff’s husband B (CB, hereinafter “the deceased”) entered the gas station D (hereinafter “instant gas station”) and was in charge of the occurrence of gasoline, light oil, and electric tickets.

B. At around 21:00 on December 5, 2012, the Deceased used four connected chairs at the gas station office of this case during night duty, and erokes down the floor of the gas station of this case and erokes down the body. On the same day, around 21:12, the Deceased laid down the body on the floor of the office and moved down the body on the floor. On the following day, at around 04:00, the Deceased was found to have died.

According to the E-family department's draft physical examination report, the direct death of the deceased is a "pactical autopsy."

C. On January 8, 2013, the Plaintiff asserted that the deceased’s death constitutes an occupational accident and filed a claim for compensation for survivors and funeral expenses with the Defendant. However, on March 8, 2013, the Defendant issued a compensation for survivors and funeral site-based compensation (hereinafter “instant disposition”) on the ground that “The reason for death is unclear as the deceased did not undergo a autopsy as a result of reviewing the details of the deceased’s duties, working hours, autopsy report, advisory opinion, etc., and on March 8, 2013, on the ground that “The reason for death is unclear as the deceased’s death was not caused by excessive work and stress in light of the contents of the duties before the death,

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 18 (including all branch numbers in case of additional number), the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The gist of the Plaintiff’s assertion is that the deceased was on night duty for three months prior to his death, and he was on night duty one week prior to his death, and the deceased died due to such occupational malpractice and stress. As such, the deceased’s death constitutes an occupational accident.

Therefore, the instant disposition is unlawful.

(b) Attached Form of the relevant statutes;

(c) fact of recognition 1.

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