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(영문) 인천지방법원 2020.02.11 2019구단50394
요양보험급여결정처분취소
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. The network C, a worker of the Plaintiff, performed the duties of the head of the construction site team at the construction site. On February 18, 2018, the Plaintiff committed suicide using wire ropes from the rest of the toilet inside the construction site of the D Maintenance Water Supply Facilities located in Bupyeong-si on February 18, 2018.

B. On June 7, 2018, an intervenor, who is the spouse of the deceased, alleged that the suicide of the deceased constituted occupational accidents, and claimed a payment of bereaved family benefits, etc. to the Defendant.

C. On December 17, 2018, the Defendant rendered a disposition on the payment of benefits and funeral expenses (hereinafter “instant disposition”) to the Intervenor’s bereaved family members on December 17, 2018 according to the result of the deliberation by the Occupational Disease Determination Committee, in light of the fact that “The circumstances, such as the absence of a director at the site, the retirement of employees, etc. after the issuance of the D site, may have worked as a sufficient psychological burden, and that “the construction was performed and finished alone for one month or more in an inferior environment without the office room,” under the premise that “the work was performed in an inferior environment before the issuance of the D site, and the absence of the staff at the D site, the excessive work, etc., in the situation where it is difficult for the Deceased to be issued in lieu of the strengthening site desired by the Deceased, are likely to have aggravated depression, and there is no personal factor to commit suicide, and thus it is recognized that there is a proximate causal relation with the deceased’s death and work.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The Plaintiff Company, who is not the other party to the instant disposition, can bring a dispute as a separate appeal even if the industrial accident insurance premium is increased in the future, and as such, the industrial accident insurance premium may not be increased in the future, the Plaintiff Company is protected by the relevant laws and regulations based on the instant disposition.

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