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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. The Plaintiff’s father, the father of the Plaintiff (CB, hereinafter referred to as “D”) served as the delivery member of “D” restaurant from July 2012 to July 31, 2014, from August 1, 2014 to August 9, 2014, as the daily delivery member of the restaurant, E and F, and as the daily delivery member of G, from August 10, 2014.
B. On August 10, 2014, the Deceased completed the delivery service, and was used while waiting in G Hall to receive daily allowances after having taken clothes in G. In order to receive daily allowances, he/she lost consciousness.
On August 10, 2014, the deceased transferred to the emergency room of the Gyeyang-gu University Hospital. The deceased received first aid under the diagnosis of “cerebral cerebral typosis by electric transport cryp fever,” and transferred to the Madro Seoul Hospital again on August 11, 2014, but died on August 11, 2014.
The direct death of the deceased on the death report is the “dyphomatic blood transfusion.”
C. On December 2, 2014, the Plaintiff claimed bereaved family benefits and funeral expenses to the Defendant.
On March 13, 2015, the Defendant rendered a decision on the bereaved family’s benefits and funeral site wages (hereinafter “instant disposition”) to the Plaintiff on the ground that “the objective vindication of the deceased’s occupational course is insufficient, and the death of the deceased is judged to have naturally occurring due to high blood pressure, and there is no proximate causal relation between the deceased’s death and his/her duties.”
The Plaintiff filed a petition for review with the Industrial Accident Compensation Insurance Reexamination Committee on the instant disposition, but was dismissed on August 4, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 5 through 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. During the 12 weeks prior to the death of the Plaintiff’s assertion, the Deceased provided delivery services for more than 12 hours a day, leaving the 1st day off, including the date of death. In particular, the Deceased was worn with a rained letter and a fitness on the day of death.