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(영문) 청주지방법원 2018.07.05 2017구합1396
유족급여및장의비부지급처분취소
Text

1. On July 8, 2016, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On November 1, 1984, the Plaintiff’s husband B (hereinafter “the Plaintiff’s husband”) entered D (hereinafter “instant company”) and was in charge of the management of the data room from July 2007.

B. After completing the work on December 21, 2015, the Deceased participated in the meeting of transmitting and the meeting of retired retirees, which started from 18:30 on the same day, held in the organizing country of the instant company (hereinafter “instant meeting”). On the same day, the Deceased returned home using a taxi after completion of the meeting ceremony at around 21:15 on the same day.

C. At around 22:10 on December 21, 2015, the Deceased was found to have been used at the entrance of Seowon-gu, Seoju-si E apartment 103 (hereinafter “instant apartment”).

(hereinafter “instant accident”). D.

After that, the deceased transferred the deceased to the Chungcheong University Hospital on 119 vehicles, but died on December 21, 2015, and on December 22:30, 2015, a direct death on the deceased’s body inspection report was recorded as “unexploited.”

E. On May 11, 2016, the Plaintiff asserted that the death of the deceased constitutes an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant, but the Defendant, on July 18, 2016, issued the Plaintiff a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that “the cause of death of the deceased is difficult to be determined specifically, and it is not verified to the deceased, and there is no proximate causal relation between the death and the work of the deceased. As such, the deceased’s death cannot be deemed as a result of an occupational disease under Article 37(1)2 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017; hereinafter “former Industrial Accident Compensation Insurance Act”).

F. The Plaintiff, who is dissatisfied with the instant disposition, filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the Plaintiff’s request on December 1, 2016.

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