1. The plaintiff's claim is dismissed.

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

Basic facts are based on the Plaintiff’s husband’s husband B (CB, hereinafter “the deceased”) who was employed as security guards on December 2, 2009, and worked as security guards from around November 9, 201, when serving as security guards in the Yongsan-do Sound Security Service Company (AWP, July 9, 2012; hereinafter “instant company”).

On November 27, 2011, the Deceased was found to have been seated and died in D Guard room around 08:30.

The cause of death of the deceased, as shown in the written autopsy report prepared by the doctor of the E Hospital who examined the deceased’s body, is an aesthetic prize.

The Plaintiff asserted that the deceased’s death is due to overwork and stress due to his personal injury, and claimed the bereaved family’s benefits and funeral expenses to the Defendant.

On May 24, 2012, the Defendant rendered a decision to refuse payment on the ground that the Plaintiff was in an excessive occupational burden before the occurrence of the Plaintiff and that the cause of death is not clear (hereinafter “instant disposition”).

Therefore, the Plaintiff filed a request for review to the Defendant, and again filed a request for reexamination to the Industrial Accident Compensation Insurance Committee, but was dismissed on October 26, 2012.

[Based on the basis of recognition] The Plaintiff’s assertion as to the legitimacy of the instant disposition and the overall purport of the pleadings, as the absence of dispute, Gap’s evidence Nos. 1 through 3, Eul’s evidence No. 8, Eul’s evidence No. 1, Eul’s evidence No. 3, and Eul’s evidence No. 5, and the Plaintiff’s assertion as to the legitimacy of the instant disposition were accumulated due to the conflict with the lower-age manager while serving as the security guard belonging to the instant company.

As a result, there is a proximate causal relation between the death of the deceased and his/her official duties, as the cause of such overwork and stress led to death.

관계 법령 ▣ 산업재해보상보험법 제5조(정의) 이 법에서 사용하는 용어의 뜻은 다음과 같다.

1. The term “occupational accident” means an occupational accident.