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(영문) 광주지방법원 2017.09.14 2015구단10905
유족급여 및 장의비지급처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On September 12, 2014, Nonparty B (hereinafter “the deceased”) entered a company Co., Ltd. (hereinafter “Nonindicted Company”) as a class 1 intellectual disability and was in charge of shipping products.

B. On January 5, 2015, the Deceased filed an application for early retirement with his/her body that is not good while performing his/her duties, and then was used in a guard room to wait for his/her retirement, and died at around 01:20 on January 8, 2015.

C. On April 10, 2015, the Plaintiff, the deceased’s spouse, claimed for the payment of survivors’ benefits and funeral expenses to the Defendant by asserting that he/she died due to his/her occupational reason, and the Defendant denied an application for survivors’ benefits and funeral expenses on August 13, 2015 on the ground that “it is difficult to deem that there exists a proximate causal relationship between the deceased’s death and his/her duty

(hereinafter “instant disposition”) D.

The plaintiff was dissatisfied with the request for examination, but it was dismissed, and the request for reexamination was rejected on June 16, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Eul's 1, 2, Eul's 7 and 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion, as a class 1 intellectual disabled person, complained of extreme stress arising from his duties, such as asserting that his duties are difficult after the lapse of two months after becoming a non-party company. Since the Plaintiff’s assertion was continuously exposed to harmful chemical substances while carrying out the work of MMA (Meththrylate) and TBA (tethethyl alcohol) and caused death, the instant disposition made on a different premise is unlawful, even though there is a proximate causal relation between the deceased’s death and his duties.

B. In fact, the deceased’s career experience from around 1997 to 2009, and the F Immigration Office is a corporation D and E from June 2012 to May 2013.

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