logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.05.30 2016구합340
유족급여,장의비등에 대한 부지급결정취소
Text

1. On April 22, 2016, the Defendant’s decision to pay a site for the bereaved family’s benefits site to the Plaintiffs is revoked.

2...

Reasons

1. Details of the disposition;

A. The network D (hereinafter “the network”) from 2011 to 201, has been affiliated with the E Tranchising business, and has been working as a cargo driver.

B. On December 1, 2015, at around 21:50, the Deceased used the vehicle at the Kimpo Terminal to work on the cargo vehicle, and lost his own mind and fell from the floor at a height of approximately 1m to 119 meters, and was sent back to the hospital.

(hereinafter “instant accident”). C.

In the instant accident, the Deceased was diagnosed as “pathosome transfusions caused by heavy brain ties” and died on December 15, 2015.

Since then, the Plaintiffs, as their spouse and children, filed a claim for the payment of bereaved family benefits under Article 62 of the Industrial Accident Compensation Insurance Act and funeral expenses under Article 71 of the same Act with the Defendant, claiming that the deceased was suffering from occupational accidents. On April 22, 2016, the Defendant rendered a decision on site pay (hereinafter “instant disposition”) on the ground that “The Defendant rendered a decision on the ground that “It is difficult to recognize a proximate causal relation between the deceased’s death and his/her duties on the ground that there is no objective confirmation of short-term or chronic disorder or stress to the degree of the relevant disease that may occur to the deceased, and it is judged that there is aggravation of natural progress due to risk factors

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The deceased alleged in the plaintiffs' assertion caused a chronic fault, stress, etc. as a result of excessive work such as excessive work, night operation, etc. while engaging in driving of cargo vehicles, etc., which led to the death of the deceased, there is a proximate causal relation between the deceased's death and the work.

Therefore, the death of the deceased constitutes an occupational accident under the Industrial Accident Compensation Insurance Act.

arrow