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(영문) 부산지방법원 2021.02.23 2020가단307241
손해배상(산)
Text

The Defendant: (a) KRW 210,946,783; (b) KRW 138,964,522 to Plaintiff B; and (c) KRW 138,964,52 to each of the said money.

Reasons

1. Facts of recognition;

A. On April 1, 2006, D entered the Defendant Company as a sales employee, and on March 1, 2011, D served in E stores while promoting to the head of sales division.

2) The plaintiff A is the spouse of D and the plaintiff B are the children of D.

B. On November 25, 2014, around 09:39 on November 25, 2014, D was killed in around 11:00 on the same day at the entrance entrance, which entered the said 3rd floor store, due to difficulty in pulmonary pain and respiratory difficulty (hereinafter “instant accident”), and was transferred to the F Hospital emergency room.

(c)

1) After the relevant administrative litigation case, Plaintiff A claimed for the bereaved family’s benefits and funeral expenses related to the instant accident to the Labor Welfare Corporation. However, on November 6, 2015, the Labor Welfare Corporation rendered a non-land-based disposition of bereaved family’s benefits and funeral’s non-performance (hereinafter “instant disposition”) on the ground that it is not recognized as a considerable causal relationship between D’s work and the injury and disease.

Accordingly, Plaintiff A filed an administrative litigation against the Labor Welfare Corporation as Seoul Administrative Court 2016 Guhap 69024 seeking the revocation of the instant disposition.

2) On March 8, 2018, the above court revealed that “the death of the deceased caused a sudden aggravation of heart disease due to stress, etc. caused by the chronic excessive work and other stress following the aggravation of work and performance, etc., and caused the death of the deceased as a result of a sudden aggravation of heart disease due to the natural progress or symptoms, such as the heart and beer, etc.

The Court rendered a judgment that revoked the instant disposition by recognizing the causal relationship between the deceased’s work and the death.

3) The judgment mentioned in the above 2) becomes final and conclusive as it is, and the Labor Welfare Corporation paid the Plaintiff’s survivors’ benefits to the Plaintiff, and the amount is KRW 157,209,845 when converting it into a lump-sum amount.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 6 and 7, the purport of the whole pleadings

2. Occurrence of liability for damages;

(a) the basis for liability;

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