1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On October 26, 1984, the deceased B (hereinafter “the deceased”) who is the husband of the plaintiff was employed as the owner of the car repair shop for about 30 years and 4 months since he was employed in the E-Seoul Seoul Maintenance Center, a telegraph of the D Seoul Service Center.

On March 4, 2015, the Deceased was hospitalized in the F Hospital as a result of the tissue examination, and died on June 20, 2015, when he was diagnosed as a blood brumat and received hospital treatment.

The Plaintiff, as the deceased’s spouse, claimed that the deceased was exposed to harmful substances during a long-term painting and died, and claimed for the payment of bereaved family benefits and funeral expenses to the Defendant.

However, on December 20, 2016, the Defendant rendered a decision on the bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) on the ground that it is difficult to recognize the relevance between the blood spatch spatch spatch, which is the cause of the death of the deceased, and the seal work performed by the deceased

【In the absence of dispute over the grounds of recognition, the entries in Gap’s evidence Nos. 1 and 3, and the purport of the entire oral argument as to the legitimacy of the instant disposition, the plaintiff’s summary of the assertion was exposed to the harmful substances contained in the paint while painting for about about about 30 years and 4 months. As a result, the cause of death of the deceased occurred, and thus, the death of the deceased is in proximate causal relation with the deceased’s work.

Therefore, the instant disposition that did not have any proximate causal relation is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

The "occupational accident" referred to in subparagraph 1 of Article 5 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee's occupational accident while performing his/her duties, so there is a proximate causal relation between the occupational accident and the accident, and in such cases, the causal relation between the employee's occupational accident and the accident shall be proved by

The proximate causal relation must be based on direct evidence.