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(영문) 대구지방법원 2019.07.05 2018구단10786
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. A. Around June 24, 2016, the deceased B (hereinafter “the deceased”) was a regular director of the C&C (hereinafter “Nonindicted C”) and was found to have died from a nearby unmanned telecom, around 16:30 on June 24, 2016. As a result of the autopsy, the deceased’s private person was found to have been “non-commercial cerebral chromothosis due to cerebral malule and so on” (hereinafter “the instant injury”).

B. The Plaintiff, the deceased’s spouse, claimed for survivors’ benefits and funeral expenses against the Defendant on the ground that the deceased’s death constitutes an occupational accident. On September 11, 2017, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “the deceased’s death is determined by the natural progress of an existing disease due to personal risk factors (high blood pressure), rather than by the deceased’s occupational factors. Therefore, there is no proximate causal relation with the deceased’s work and death.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased worked for about 11 years as the chief of Nonparty C’s department, and was promoted to the regular director around February 2016.

The Plaintiff received pressure from Nonparty C to achieve his/her performance of lending and deposit attraction, and even after his/her retirement, he/she has performed activities to meet customers and to attract loans and deposits.

Around April 2016, Non-Party C discovered the illegality of Non-Party C’s former affairs, and the result of convening the temporary board of directors, from June 8, 2016, the Plaintiff was in charge of the work of D as a person responsible for D, and thereafter, the content certification of D (i.e., June 14, 2016) sent to Non-Party C to the effect that the Plaintiff would bring about a problem regarding personnel measures, such as an unfair business trip order, through the Internet, broadcasting, and human rights committee, etc.

On June 24, 2016, the deceased worked in Non-Party C, such as the ordinary book, and related to loans.

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