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(영문) 대전지방법원 2015.04.10 2014구단1357
유족급여및장의비부지급처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The deceased B (Cre, hereinafter “the deceased”) is a bus driver belonging to the Chungcheong Transport Co., Ltd. (hereinafter “the instant company”) and died in a acute core color on March 6, 2014.

B. On July 14, 2014, the Plaintiff, the deceased’s spouse, claimed bereaved family benefits and funeral expenses to the Defendant, and the Defendant rendered a disposition of bereaved family benefits and funeral site expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “the causal relationship between work and disaster is not recognized.”

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On March 5, 2014, the Plaintiff asserted that the vehicle was driven by urban bus around 11:48, and the vehicle was obstructed due to the breakdown of the vehicle. After reporting the breakdown and passenger transfer, the repair engineer who arrived at the site was cut off while maintaining the repair engineer’s repair, and died with a sudden diameter.

around March 2009, the Deceased was treated with a high blood pressure on the part of her mother, and around July 2010 with a mixed malutical blood, and was not in the form of constant treatment, but in the form of constant treatment without any special symptoms.

The work form of the Deceased is in the form of comparison with the same person, and the Deceased worked for 10 to 11 minutes a day, and the Deceased worked for 10 to 20 minutes a day, and he was given a lot of mental and physical stress due to his failure to properly check and clean the vehicle without complying with the shift hours.

Even on the day on which the deceased was write off, even though he had returned late to the day before the end of the shift due to the reasons of the shift worker, he had worked early.

In addition, when the Deceased was unable to work as a traffic accident that occurred during December 2013 by a shift worker, the Deceased served as a shifter with the so-called Spanish engineer on December 17, 2013 to January 7, 2014, and Spanish engineer on the vehicle inspection, etc.

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