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(영문) 부산지방법원 2015.07.08 2014구단902
유족급여등부지급처분취소
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. On September 27, 1994, the Plaintiff’s spouse (CB, hereinafter “the deceased”) entered the KT Co., Ltd. (hereinafter “Nonindicted Company”) and worked as the staff of the Seosan Project Support Center of the Nonparty Company from February 19, 2013.

B. At around 22:10 on June 4, 2013, the Deceased was suffering from only the upper half of the body, and it was discovered that he/she was seated in the two sides of a toilet in his/her own house with his/her eye sleep, and that he/she was seated in the two sides of a toilet in his/her own house, and died, but the direct death recorded in the deceased’s draft physical examination report is “brupted funeral.”

C. On August 23, 2013, the Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on December 3, 2013, the Defendant rendered the instant disposition rejecting the payment on the ground that “the deceased performed the track repair work for about 19 years, there is no objective evidence proving that the deceased performed the track repair work for about 19 years, that there was no rapid stress prior to the outbreak, or that there was no work time or the increase in work capacity to recognize the deceased for a short and long period of time, and that it is difficult to recognize that the deceased was occupationally influence because the deceased was

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s regular working hours were from 09:00 to 18:00.

However, on-site workers of the non-party company, including the Deceased, worked before 08:00 for the preparation of their ordinary work, and after completing the on-site work, after returning to the workplace at around 18:00, they were faced with chronic tasks by getting out of around 20:00, even if they return to the workplace.

In addition, by restructuring the organization on February 2013, the number of on-site personnel of the team to which the deceased belongs has increased from 9 to 6, and the deceased has continuously sold the mobile phone of the non-party company.

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