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(영문) 수원지방법원 2016.08.26 2016구단371
유족급여및장의비부지급처분취소
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. From November 12, 2014, the net B worked on the D Corporation’s site as piping pipes belonging to C Company from November 12, 2014, and died in a new wall home on March 4, 2015.

The reason for death was presumed to be a acute funeral as a result of the autopsy of the National Scientific Investigation Institute.

B. On June 5, 2015, the Plaintiff filed a claim for the payment of bereaved family’s benefits and funeral expenses, claiming that it constitutes occupational accidents, on the ground that there is no proximate causal relation between the deceased’s acute funeral and his/her duties, on the ground that the injury caused by excessive work and excessive work and the death caused by the heart disease. The Defendant rendered the instant disposition to pay bereaved family’s benefits and funeral expenses on the ground that there is no proximate causal relation between the deceased’s acute funeral and his/her duties.

The plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on November 6, 2015.

[Reasons for Recognition] Entry B as Evidence No. 2 and the purport of the whole pleading

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that there was no existing disease that could cause a heart disease to a male under the age of 49, who is physically healthy.

Around 07:00 to 18:00 of the construction site of this case, the regular work hours were worked as pipes hole, and the work hours were started one hour each day, but on February 2, 2015, two-one month prior to the death, eight day out of the 21th day, and on February 13, 2015, nine day out of the 20th day from January 20 to February 13, 2015, the average of 12-14 hours per day during the 67.93 hours per week, the average of 68.9 hours per week during the 4 weeks prior to the death, and the previous one week during the 74 hours and 10 minutes per week during the 74th day prior to the death.

Therefore, even if there is a proximate causal relation between the plaintiff's work and the acute funeral service, the disposition of this case not recognized as an occupational accident is unlawful.

B. In fact, the deceased, such as the duties of the deceased, was engaged in the duties of spuger pipes and installing pipes as piping pipes.

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