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(영문) 대전고등법원 2014.11.13 2014누10323
유족급여및장의비부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On February 11, 2008, the deceased B (hereinafter “the deceased”) died on March 10, 2012 while serving as a member of the Central Construction Corporation (hereinafter “instant Company”).

B. On July 31, 2012, the Plaintiff, the deceased’s spouse, filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that “the deceased’s death constitutes an occupational accident.” However, on August 17, 2012, the Defendant rendered a disposition against the Plaintiff on the ground that “the deceased’s death cause cannot be recognized as a proximate causal relation with his duties” (hereinafter “instant disposition”).

C. The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the Plaintiff’s request for reexamination on November 30, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, Gap evidence 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From October 15, 2010 to March 7, 2012, the Plaintiff asserted that he/she was in charge of preparing and submitting design documents, such as field photographs, on-site surveys, drawing up drawings, quantity calculation, detailed statement preparation, and other reasons for change. The time limit for reporting the actual situation according to the design change was scheduled on March 9, 2012, and the occupational tension and stress were considerably accumulated. The Deceased worked for a total of 489 hours from February 1, 2012 to March 9, 2012. In particular, on March 7, 2012, the deceased worked for a total of 489 hours and 13 hours on average, from March 1, 2012 to March 7, 2012, each of which was removed from 00:42:36 on the following day, and on March 8, 2012, each of which was conducted by the instant company for a period of up to 4 months from the death’s disease or death.

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