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(영문) 울산지방법원 2015.06.04 2013구합943
유족급여및장의비부지급처분취소
Text

1. On October 11, 2012, the disposition that the Defendant rendered to the Plaintiffs as bereaved family benefits and funeral site pay shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On October 16, 2006, the mother of the plaintiffs (Dves, hereinafter "the deceased") entered a medical corporation E hospital (hereinafter "Saeum hospital") as a dietitian and has performed duties such as the loss of food materials, food distribution, and snow accommodation.

B. At around 15:30 on April 26, 2012, when the Deceased was working in a non-party hospital, he/she was faced with the rear side of his/her head while going beyond the toilet of the above hospital (hereinafter “instant accident”), and around 16:05, he/she prepared food at the restaurant kitchen of the non-party hospital (hereinafter “the instant accident”).

On May 1, 2012, in the course of being hospitalized after being hospitalized after being under pressure dystyposising dystyposis and light dysposis removal surgery at the Indonessan Hospital, the first death was determined as “cerebral cerebral cerebral cerebral cerebral Spys,” a direct death at around 09:40 on May 1, 2012.

C. The Plaintiffs asserted that the deceased’s death constitutes occupational accidents and claimed the payment of survivors’ benefits and funeral expenses. However, the Defendant rendered a disposition rejecting the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on October 11, 2012 on the ground that the deceased’s death was due to the deceased’s existing disease, and thus, the causal relationship with his/her duties cannot be acknowledged.

The Plaintiffs, who were dissatisfied with the instant disposition, filed an application for adjudication with the Industrial Accident Compensation Insurance Reexamination Committee, but dismissed on February 1, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, 10, 13 evidence, Eul evidence 1 through 8, 11, 13, and 18, and the purport of the whole pleadings

2. Determination:

A. The deceased asserted that the accident of this case caused the death of the deceased due to the occurrence of cerebral typosis and the cause not known to him. The deceased's death constitutes occupational accident due to an accident in the course of performing his duties, but on different premise, the defendant's disposition rejecting the payment of bereaved family's benefits and funeral expenses to the plaintiffs should be revoked.

(b) related;

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