logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.11.10 2016구합169
유족급여 및 장의비 부지급 처분 취소
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. The Plaintiff’s husband’s husband (C) is a worker belonging to the three-dimensional development of a limited liability company, and the Plaintiff is a female student living room at D University (hereinafter “instant dormitory”).

B. On November 28, 2014, at around 05:08, the Deceased died on November 28, 2014, around 05:37, while examining and hiding his/her hand on his/her book in the dormitory guard room of the instant case, he/she was found to be unsanitary and transferred to a hospital.

C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident and claimed expenses for survivors’ benefits and funeral. However, on May 7, 2015, the Defendant refused payment against the Plaintiff on the ground that it is difficult to view the deceased’s death as an occupational disease under the Industrial Accident Compensation Insurance Act on the ground that it is difficult for the Plaintiff to regard it as an occupational disease under the Industrial Accident Compensation Insurance Act.

(hereinafter “instant disposition”) D.

The plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on November 6, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 7, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion as a security guard could not take rest and surface due to abnormal resting conditions, restriction in the room room, and frequent entry of students during late night hours. Upon receiving a notification that the employment contract is terminated on the day before the death, the Deceased’s death should be recognized as an occupational accident. As such, the Deceased’s death should be recognized as an occupational accident.

(b) as shown in the attached Form of the relevant statutes;

C. As a result, from March 1, 2013, the deceased served as security guards in the instant dormitory, etc. as a limited liability company from March 1, 2013, the labor contract was renewed on a semester or a vacation unit of the university.

(2) The Deceased shall be the deceased on 07.

arrow