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 July 8, 2010, B, the Plaintiff’s spouse, joined the LOBA (hereinafter “Nonindicted Company”) and performed the work of loading the original package and container.
B. B, around 11:40 on September 18, 2014, while being engaged in the typryping operations conducted by the non-party company, and was sent to the hospital, but died of 13:01 on the same day (hereinafter “the instant disaster”), and as a result of the autopsy, the private person was found to be “non-highly high-level cerebral typhosomes (e.g., e., e., thromosomes) by cerebral malule.” (hereinafter “the instant injury”).
C. On September 24, 2014, the Plaintiff filed a claim against the Defendant for survivors’ benefits and funeral expenses on the ground that the deceased’s death (hereinafter “the deceased”) was an occupational accident. However, on January 15, 2015, the Defendant rendered a disposition not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the disease of this case occurred due to a sudden increase of blood pressure while moving a grave object at the time of the instant accident, or the amount of work from June 2014 to the time of the said accident led to a cumulative accumulation of 65 to 70 hours per week without any holiday and resulting in the death. As such, the deceased’s death ought to be recognized as an occupational accident.
B. In order to be recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, there should be a proximate causal relation between the work and the accident, as well as the occupational performance in order to be recognized as an occupational accident under the Industrial Accident Compensation Insurance Act. In this case, the causal relation between the work and the accident of the worker