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(영문) 제주지방법원 2015.01.28 2014구합162
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

A. On May 24, 2013, the Plaintiff’s wife B (hereinafter “the deceased”) complained of two copies at Empt C stores (hereinafter “instant workplace”) who worked for Empt C (hereinafter “the instant workplace”). On the following day, Jeju University Hospital was diagnosed as “cerebral cardio-resistant transfusion,” and died on May 31, 2013.

B. On August 28, 2013, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes an occupational accident, but on November 4, 2013, the Plaintiff received a decision on site pay (hereinafter “instant disposition”) from the Defendant on the ground that “The Defendant’s examination of the content of work, work period, medical record, video materials, the doctor’s opinion, opinion on advisory opinion, etc., that the work period is short, and the occupational route and stress is not verified to the extent that the applicant’s injury is likely to be caused, and that there is no possibility of proximate causal relation between the work and the injury’s disease as a result of the natural aggravation of the existing disease.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff's assertion that the disposition of this case was lawful, was made due to overwork and stress while working in the workplace of this case. Thus, the disposition of this case was unlawful because there was a proximate causal relation between the death and the work of the deceased.

The attached details of the relevant statutes shall be as specified in the statutes.

Facts of recognition

1) From November 22, 2012, the Deceased worked in the instant workplace as a sales position in D, and from November 22, 2012 to 19:00 to 19:00 each day, including hours of recess, sold flaps, or opened flaps to flaps, and sold them, and operated flaps. 2) The Deceased is 154 cm in height and 68 km in body weight.

3 The work and working hours between the two months prior to the death of the deceased were as follows, and two hours per seven days during the month prior to the death.

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