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(영문) 수원지방법원 2018.04.04 2017구단8389
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband B is a worker who was enrolled in the KSB-Korea Stock Company (hereinafter “Nonindicted Company”) from January 3, 2001 to work.

B. From February 23, 2015 to February 24, 2015, the Deceased retired from the hospital on February 25, 2015, while performing his/her duties at a business trip site located in the Siljin-si, and then returned to the hospital on February 14:5, 2015, but died in cerebral color on March 16, 2015.

C. The Plaintiff filed an application with the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death was an occupational accident. On January 16, 2017, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”).

The Plaintiff was dissatisfied with the instant disposition and filed a request for examination, but was dismissed on May 29, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 20 evidence, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased was diagnosed as “work-related cerebral cerebrovascular surgery” due to his business trip around the end of 2012, except for those diagnosed as “work-related cerebrovascular surgery” from April 2005 to the date of death.

The symptoms of the deceased have deteriorated beyond natural progress due to occupational problems, such as working hours, work contents, work volume, and business burden, and stress of the deceased, resulting in brain stroke, resulting in death.

Therefore, even if there is a proximate causal relation between the deceased’s death and his duty, the Defendant’s disposition of this case should be revoked as unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. In fact, the Deceased’s work-type and work-related supervision have been performed, such as the production and installation of industrial pumps, A/S, etc., and the working hours under the labor contract are ordinarily 08.

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