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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 deceased B (hereinafter “the deceased”) has been working as the technical support headquarters and the software of the TTS business department since July 2007, at Non-Party D Co., Ltd. (hereinafter “instant company”), which is a specialized company for IT solution and IT services integration maintenance and repair.
B. At around 15:50 on February 8, 2012, the Deceased was sent to the “E Hospital” in an emergency due to a sudden difficulty and consciousness low-quality respiratory disorder and was killed while continuing to receive cardiopulmonary resuscitation, while he/she was transferred to the “E Hospital” in a critical condition.
(hereinafter “instant death accident”). C.
The body autopsy report on the deceased is written by the private person as “unexploited,” and the type of death as “other and unexploited,” and the written opinion of the principal doctor in the disaster diagnosis report on the deceased prepared by the Defendant is written as “exploitable heart suspension - heart funeral (presumption).”
On December 23, 2013, the Plaintiff, the deceased’s spouse, filed an application for the payment of survivors’ benefits and funeral expenses with the Defendant on December 23, 2013. However, on April 9, 2014, the Defendant rejected the Plaintiff’s application for the payment of survivors’ benefits and funeral expenses on the ground that “In the case of the deceased, it is difficult to recognize proximate causal relation between the instant death and the deceased’s work, by taking into account the following as a whole: (a) there was a remote work at one’s home without any restriction on commuting to work during most working hours; (b) there was no objective evidence that the instant accident occurred during a remote work after rest; (c) there was no unexpected sudden increase in working hours or changes in work environment; and (d) there was lack of objective evidence to recognize that the instant death and the deceased’s work were subject to mental and physical excess or stress due to the transfer of the instant death.”