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(영문) 부산지방법원 2016.09.07 2015구단1339
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. The Plaintiff’s spouse B (hereinafter “the deceased”) was attached to the Switzerland customs office and was transferred to the hospital by showing symptoms of the body being worn out while serving as the manager of barge(D) at the Switzerland Paris area as a worker of C, but died on June 15, 2013.

B. The diagnosis of the deceased’s death is written in the diagnosis of the deceased’s death, consisting of a multi-long-term diversology, a balone with the balone of the primary causes, and a community’s balone with the primary cause, and a Type 2 urology.

C. On August 24, 2014, the Plaintiff asserted that the death of the deceased constituted an occupational accident, and claimed the payment of survivors’ benefits and funeral expenses. However, on October 29, 2014, the Defendant rendered a decision not to approve the Plaintiff’s claim for the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 and 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion died only on a day as to whether the Plaintiff complained of an acute paralysis symptoms due to the outbreak of waste that is close to a wind-related disease in the state of extreme deterioration due to poor environment that prevents the Plaintiff from providing normal meals. The Defendant’s disposition of this case is unlawful, since a proximate causal relationship between the death and the work of the deceased is recognized.

B. The deceased, including his duties and duties, entered C on August 22, 201, was changed to E on April 1, 2012, and C’s representative barge (D) was seized, and C’s affiliation was changed to C, and as the manager of the barge in Paris area from December 1, 2012. The deceased was in charge of the maintenance, repair and security of D’s employees.

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