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(영문) 광주지방법원 2015.05.21 2014구단321
유족급여 및 장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On March 22, 2010, the deceased C (hereinafter referred to as “the deceased”) was employed on March 26, 2013 by being employed as the head of the public service department on the business site of the manufacturing company of seaweeds processed products, Inc. (hereinafter referred to as “the instant business site”).

B. On March 26, 2013, the Deceased received a notice of dismissal, and performed drinking with his subordinate employee, and around 23:30 on the same day, the Deceased attempted suicide from the building adjacent to the factory of the instant workplace to G Hospital by attempted suicide, but died due to the cardiopulmonary suspension.

(hereinafter referred to as “instant disaster”). C.

The Plaintiffs, the deceased’s children, “The deceased, while serving as the head of a public office in the instant workplace, was under stress due to frequent breakdowns in old-age machinery and frequent occupational conditions of superior officers, due to the occurrence of a situation in which it is impossible to make a free decision due to his or her mental depression due to his or her dismissal notification with his or her subordinate employees on March 26, 2013.” The Plaintiffs asserted to the purport, and claimed the Defendant for the payment of survivors’ benefits and funeral expenses on July 5, 2013, but the Defendant dismissed them on November 7, 2013.

In response, the plaintiffs filed a request for reexamination, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed it on February 20, 2014, and the plaintiffs filed the instant lawsuit on May 14, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 7 (including a tentative number), Eul evidence 3 and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserted that the instant death accident of the deceased was in charge of the maintenance, repair, and management of the equipment that caused the breakdowns at least two and three times a month due to K, a factory manager, as well as the deceased’s failure to know the production equipment, and the deceased was in charge of the duties of the deceased, even though he was on the part of his employees.

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