(영문) 부산지방법원 2016.10.12 2016구단20320

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(영문) 부산지방법원 2016.10.12 2016구단20320

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. From March 3, 2014, the Plaintiff’s spouse B (hereinafter “the deceased”) was serving as a commuting bus driver of a stock company C (hereinafter “Nonindicted Company”) on October 19:15, 2015, and was killed at the hospital around 17:50 on the same day.

B. The Plaintiff filed an application with the Defendant for the payment of bereaved family benefits and funeral expenses, but the Defendant notified the Plaintiff of the determination of the Busan Occupational Disease Determination Committee on January 20, 2016 and the determination that the deceased’s death cannot be deemed as an occupational accident in accordance with the relevant statutes.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, Eul’s evidence Nos. 2 and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Deceased worked at around 05:00 a.m. daily and worked for more than an average of 60 hours per week while working in the non-party company.

In relation to the improvement of the working environment of contracting workers, the deceased was suffering from conflicts with the rest of the representative director of the company of the non-party company, and also requires the non-party company to raise the parking fees for the commuting buses.

This was put under stress in the process of being rejected.

Since the Deceased died due to such occupational negligence or stress, there is a proximate causal relation between the Deceased’s work and the deceased’s death.

Therefore, the defendant's disposition of this case made on the premise that the death of the deceased does not constitute an occupational accident is unlawful.

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

C. 1) In the past, the deceased had been on duty as a driver from December 21, 1994 to February 28, 2005, and from March 1, 2005 to May 1, 2013, the deceased had been on duty as a driver in the passenger transport company.

B. The Deceased of the Work shall be Busan from the Triday to the Friday.

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