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(영문) 울산지방법원 2019.07.04 2019구단566
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. The deceased B (hereinafter “the deceased”) joined C Co., Ltd. (hereinafter “instant company”) and worked at the construction site in Ulsan-gun, Ulsan-gun, Inc., Ltd., E from January 8, 2018.

B. On January 11, 2018, the Deceased was used in the process of completing work and was transferred to a hospital, but died due to acute scarcity (hereinafter “instant accident”).

C. On April 19, 2018, the Plaintiff, as the spouse of the Deceased, requested the Defendant to pay bereaved family benefits and funeral expenses. However, on June 26, 2018, the Defendant rendered a site-based disposition (hereinafter “instant disposition”) on the ground that there is no proximate causal relation with the deceased’s private person’s work.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 17, Eul Nos. 1 and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion had no special disease prior to the instant accident. On the day of the instant accident, due to the company’s policies on the date of the instant accident, the emergency measures were delayed due to the Plaintiff’s late reporting to 119 and being exposed to the weather. The Plaintiff committed the instant accident by engaging in highly high-brupted work in the very extreme drilling, and thus, there was a proximate causal relation with the deceased’s private person’s work, and thus, the instant disposition was unlawful.

3. Determination as to the illegality of the instant disposition

(a) Entry in the attached Form of relevant statutes;

B. The occupational accident under the Industrial Accident Compensation Insurance Act refers to an occupational disease caused by the worker’s occupational negligence during the performance of his/her duties. Thus, there should be causation between the occupational disease and the disease. If at least the occupational disorder overlaps with the main cause of the disease, even though the main cause of the disease was not directly related to the performance of his/her duties, and the occupational disorder or stress overlaps with the main cause of the disease, it should be deemed that there exists causation between them. This causation

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