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(영문) 창원지방법원 2015.09.22 2015구단10064
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The deceased B (hereinafter “the deceased”) who is the husband of the Plaintiff became a member of the credit company (hereinafter “the instant workplace”) and was working at the credit company (hereinafter “the instant workplace”). On August 9, 2014, around 01:00, on August 10, 2014, the day following the date when the Plaintiff was placed at his home after leaving his home, and was sent to the hospital after having been suffering from the pain. However, around 01:27, the “suspension of cardiopulmonary function” was killed as the direct death.

Therefore, the Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant on November 7, 2014 that the deceased’s death constitutes occupational accidents. However, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses on the ground that there is no proximate causal relation with the deceased’s death on November 7, 2014.

(hereinafter referred to as “instant disposition”). [The grounds for recognition] did not dispute, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1, and Eul’s summary of the Plaintiff’s assertion of legality, the Deceased performed the construction of robbery exceeding the working hours under the Labor Standards Act for a long time at the instant workplace.

In 277 days before death, average 10.15 hours per day of 10.7 hours per day and average 74 hours per day of 10.15 hours per day of 277 months before death, and the number of days of 10 hours per day exceeds 8 hours has been accumulated as a chronic physical disability due to excessive duties, such as the total number of days of 60-84% of working day.

Although the deceased had a summer leave around the time immediately before the death, the deceased’s work was conducted in a narrow space with heavy equipment from 5 to 11kg. As such, the deceased’s work is merely a chronic overtime work situation, and it cannot be said that the deceased exceeded her course solely on the basis of her chronic overtime work situation.

Furthermore, the Deceased was exposed to harmful substances, such as nitrogen oxides, sulfur oxides, and sulfur oxide, in the process of assembling the hull in an enclosed space.

. by this work.

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