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(영문) 부산지방법원 2016.04.27 2015구단20934
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 5, 2007, the Plaintiff’s spouse C (hereinafter “the deceased”) entered a company D (hereinafter “subconference”) and was working for the company D on January 24, 201, and was transferred from Nonparty Company to the hospital on January 13:40, 201, but died at around 18:08 on the same day.

B. The doctor E of the Busan White Hospital affiliated with the Human Research University stated the deceased’s direct death as “the suspension of the heart” and issued a death certificate.

C. The Plaintiff asserted that the death of the deceased was an occupational accident and claimed for the payment of survivors’ benefits and funeral expenses. However, on May 14, 2014, the Defendant rendered the instant disposition rejecting the payment against the Plaintiff on the ground that the death of the deceased is not recognized as an occupational death under the Industrial Accident Compensation Insurance Act.

[Reasons for Recognition] Facts without dispute, entry B in the evidence of Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was received physical and mental stress by continuing to engage in the duty remaining work and Saturdays every day for about four years at the non-party company without any remaining food for about four years.

In addition, F had been forced to withdraw from his office on May 2009 and had a physical problem with F's duties without filling the personnel, after he had been forced to withdraw from office.

On the other hand, at the time of the death of the deceased, there was a temporary loss of the functions of the brain cerebrovascular at the rapid temperature of the factory and office.

Therefore, the death of the deceased has a proximate causal relation with the above excessive course, stress, work environment, etc.

Nevertheless, on a different premise, the Defendant’s disposition that did not recognize the death of the deceased as an occupational accident is unlawful.

B. The deceased, such as his work form, work contents, work environment, etc., of the deceased, shall be 5 meters in diameter at the company of the non-party, the assembly of plarts, and the cut pipe.

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