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(영문) 부산지방법원 2016.04.27 2015구단20064
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. On February 24, 1987, the Plaintiff’s spouse B (hereinafter “the deceased”) entered the DRB Co., Ltd. (hereinafter “NB”) and carried out the production of industrial rubber products.

B. On July 24, 2014, the Deceased was under the diagnosis of “brain color” (hereinafter “the instant injury and disease”) after being transferred to the hospital because he/she was unable to properly support his/her body even though he/she was expected to resist the symptoms of low on the bridge while working in the morning, and then died around 07:38 on August 8, 2014.

C. On August 29, 2014, the Plaintiff claimed that the death of the deceased constituted an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on November 10, 2014, the Defendant rendered a disposition of survivors’ benefits and funeral expenses on the ground that it is difficult to deem the instant injury and disease to have occurred due to his/her duties.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 4, 6, and Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that he/she joined the Nonparty Company for twenty-seven (27) years after becoming a member of the company and worked for a long time for twelve (12) weeks prior to the occurrence of the instant injury.

In addition, the deceased was exposed to chemical drugs such as various organic solvents due to the characteristics of the work of the non-party company.

In view of the fact that the deceased suffered from high blood pressure and urology but worked without any particular health problems, and there is a medical research that long-term night work improves the immunity system and causes cardio-cerebral diseases, the deceased shall be deemed to have died due to the outbreak or aggravation of the disease of this case due to such over-work and the working environment as above.

Therefore, the instant disposition made on a different premise is unlawful.

B. On February 24, 1987, the deceased entered the non-party company as of February 24, 1987, such as the form of work and duties of the deceased.

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