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(영문) 창원지방법원 2016.10.11 2015구단10552
유족급여등부지급처분취소 청구
Text

1. The disposition that the Defendant rendered to the Plaintiff on September 22, 2015 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. On February 23, 2015, the Plaintiff’s husband of the disposition committed suicide, i.e., the s X-ray Sea Co., Ltd. (hereinafter “instant company”) who was working as the head of the D department of the E branch of the E branch of the E branch of the E branch of the E branch of the Plaintiff. On February 23, 2015, around 04:30, at the underground parking lot of the Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, the Plaintiff’s husband of the disposition, committed suicide.

On September 22, 2015, the Plaintiff asserted that the death of the deceased constitutes an occupational accident, and accordingly, claimed the bereaved family’s benefits and funeral expenses to the Defendant. On September 22, 2015, the Defendant rendered a decision on the payment of bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) on the ground that the death of the deceased is difficult to be deemed due to an occupational disease due to his personal nature

[Ground of recognition] The entry of evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the deceased had committed suicide due to the occurrence and aggravation of depressions due to excessive work and low work performance while working as the head of D department, and unstable fear that the deceased would become a person subject to recommendation. As such, the deceased’s death constitutes an occupational accident.

Therefore, the instant disposition, which was taken differently, is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. In fact, the deceased, such as the duties of the deceased, worked for approximately nine years and nine months in the Korea Shipbuilding, served for approximately fifteen years and two months in the Samsung Heavy Industries Co., Ltd., and retired from employment to the instant company on March 2009. The company in this case was affiliated with D in charge of designing electric and electronic devices on vessels.

The Deceased worked as the head of D Department after June 2009, and the class was promoted from the chief to the chief of the office on January 1, 2013.

As the president of D department, the deceased is the overall and the department members of D department, such as automation design, power design, and device design.

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