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(영문) 대구고등법원 2019.11.01 2019누2450
유족급여및장의비부지급처분취소
Text

1. Revocation of the first instance judgment.

2. On January 18, 2017, the amount of bereaved family benefits and funeral expenses the Defendant paid to the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 20, 2015, the Plaintiff’s spouse B (hereinafter “the deceased”) was discovered in the presence of the stairs between the second and third floors of the building in the main office of the school around 08:00 on October 20, 2015, when the Plaintiff’s spouse was a worker of C and worked at E Middle School located in North Korea-gu, Posi-si, North Korea.

B. The Plaintiff claimed for bereaved family’s benefits and funeral expenses against the Defendant on the ground that the deceased’s death constitutes an occupational accident. However, on January 18, 2017, the Defendant rendered the instant disposition against the Plaintiff on the ground that “Inasmuch as it is not confirmed that the cause of death has not been verified due to the failure to conduct a autopsy, it is unlikely that the deceased was on external personnel in light of the data, such as a report on the results of field identification, etc., and it is not confirmed that the deceased was on duty to have been performed prior to the occurrence of the death, a proximate causal relation with the deceased’s death was not acknowledged.”

【Ground of recognition】 The non-contentious facts, entries in Gap evidence 1, 2, 5, and 7, or the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the police who investigated the Plaintiff’s assertion of this case did not have a special external address for the deceased, and that the deceased died as a result of falling away from the stairs, the autopsy was not required to conduct the autopsy, and the accurate cause of the death was not revealed. However, there was no special disease that may cause the death of the deceased at the time of the scene and there was no old age (75 years old), and that the deceased was healthy to carry out the guard duty despite the direct result of the bodily injury caused by the sudden and remote accidents, and that the FF corporation paid the death insurance money for the death of the deceased, it is reasonable to deem that the deceased died as a shock from the stairs during the performance of the guard duty, and that the deceased died as a shock.

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