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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. From November 30, 2015, the Plaintiff’s spouse (CB, hereinafter “the deceased”) was employed as a daily worker in Jindu Construction Co., Ltd., and served as a painting in the “Damy Work Site” (hereinafter “instant site”).
B. On December 16, 2015, the Deceased was found to have been used in the 11st floor elevator of the building that was newly constructed at the instant site. On the same day, the Deceased was transferred to E Hospital at around 17:19 by the 119 Emergency Squads, who was dispatched after being reported at around 16:36 on the same day, but died.
(hereinafter referred to as “instant disaster”). C.
Although the Plaintiff filed a claim for the payment of survivors' benefits and funeral expenses to the Defendant, the Defendant: (a) confirmed on April 25, 2016 that the deceased was in charge of painting work on the construction site; (b) however, it was confirmed that the deceased was performing daily work on the day of the occurrence, and the burden factors to the degree of causing the applicant's injury and disease are not confirmed; and (c) it is not clear that the private person is "induction of light color" (hereinafter referred to as the "disposition in this case").
【Ground of recognition】 The fact that there is no dispute, Gap 2, 3, 7-2, and Eul 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he left the instant site two weeks prior to the instant accident and was subject to psychological stress in the process of adapting to the new working environment. The deceased’s duties were mainly carried out in the line with the assistant role of the painting technician, and were overworking hours, and the Plaintiff et al. were complained of sofacy and stress due to the Plaintiff et al.’s work. On the date of the instant accident, the work at the instant site was high, so far as the Plaintiff et al. took place from 11:50 to 12:30, and the weather on the date of the instant accident is very cold.