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(영문) 대전지방법원 2020.11.12 2018구단100917
유족급여및장의비부지급처분취소
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are parents of the network C (hereinafter “the deceased”).

B. On August 7, 2017, the Deceased was employed by “AD Council member” and served as a deathman.

C. On December 15, 2017, the Deceased was hospitalized in E Hospital, and died on December 18, 2017, which was three days after December 18, 2017.

The deceased’s direct private person was “the heart of the unknown body,” and the cause of the direct death was “the brain infection of the unknown body, salvine infection, brain dyeitis, and brain pressure.”

On January 16, 2018, the Plaintiffs claimed that the death of the deceased constitutes occupational accidents under the Industrial Accident Compensation Insurance Act, and that the bereaved family’s benefits and funeral expenses were paid to the Defendant.

E. On May 21, 2018, the Defendant rendered a decision on the payment of survivors’ benefits and funeral site expenses (hereinafter “instant disposition”) to the Plaintiffs on the ground that “the network’s work volume, hours, strength, and responsibility, hours of absence, such as holidays and vacations, working hours such as shifts, night work, etc., work environment change and adaptation period, mental tension, degree of water surface time, work environment, and other gender, health conditions, etc. are considered as a result of a comprehensive examination, and as a result, it would not have a proximate causal relation with the reason for death.”

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, 6, 9, Eul's 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiffs’ assertion that the work of the ordinary deceased was excessive, and the health of the deceased was aggravated on December 2017.

In addition, on December 12, 2017, the appointment of a workplace was resigned, and the amount of work was excessive.

On December 14, 2017, after leaving the hospital, it was not able to sleep with high heat and two copies, and on the following day, he/she was hospitalized in the hospital and received treatment. On December 18, 2017, he/she died at around 06:17.

Even if proximate causal relation is recognized between the deceased’s excessive work and the death, the instant disposition is unlawful on a different premise.

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

C. The Deceased’s duties of the deceased on the recognition date shall be determined on January 2, 2017.

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