logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.05.17 2018누10116
유족급여 등 부지급처분 취소
Text

1. Revocation of the first instance judgment.

2. On August 3, 2016, the amount of bereaved family benefits and funeral expenses the Defendant paid to the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 18, 2016, the Plaintiff’s husband’s husband’s net B (Cre, hereinafter “the deceased”) was entering a Doro Developmentcheon Branch (hereinafter “Doro Development”) and felled in Pesta, Plaro, while driving a heavy equipment (a large blaler or power project loaded on the front of Plaro) and operating on the spot aggregate rearrangement and the lower-class of aggregate while carrying out the work on the spot, after completing work around 18:00 of the same month, and giving an explanation of the work on the following day, and then falling down in Pesta.

B. On April 24, 2016, while the Deceased was sent to a hospital and received treatment, the Deceased died of cerebral damage as a middle-board event, and as a middle-board event, the deceased died of cerebral damage as a direct death, on the following occasions: (a) 01:50 on April 24, 2016: (b) 01:50.

C. On May 12, 2016, the Plaintiff claimed bereaved family benefits and funeral expenses to the Defendant. On August 3, 2016, the Defendant rendered a disposition on bereaved family benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that the cause of fall identified as a preceding death is presumed not to be an occupational cause but a proximate causal relation between the deceased’s work and the death, and thus, it cannot be recognized.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 4, 6, 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased died due to brain damage caused by fall during his/her duties, but the judgment that the deceased died due to his/her death was unlawful in the proximate causal relation between the deceased’s work and the death.

B. Determination 1) As indicated in attached Form 1 of the relevant statutes, the condition and content of the deceased’s working conditions were as follows: (a) from April 18, 2016, the deceased was employed from 08:0 to 18:00. Working hours: 00 to 18:00 (Food one hour).

arrow