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(영문) 대구고등법원 2015.06.26 2015누4373
유족급여 및 장의비 부지급결정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. B, the Plaintiff’s spouse, from December 9, 2013, worked as a daily employee at the C landscaping site of the Ilsungsung (hereinafter “Nonindicted Company”) Co., Ltd. (hereinafter “instant site”).

B, around 15:50 on March 10, 2014, around 15:50, at the instant site, complained of two sacrines from the ground, and then sent back to the hospital. However, on March 11, 2014, around 03:16, the following day died as “cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral (hereinafter “the instant injury”).

(hereinafter “instant disaster”). (b)

On June 16, 2014, the Plaintiff filed a claim against the Defendant for the bereaved family’s benefits and funeral expenses on the ground that the deceased B (hereinafter “the deceased”) died of occupational and stress. However, on the ground that there is no proximate causal relation between the deceased’s death and duty, the Defendant made a disposition not to pay the bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Eul's 2, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the deceased worked in various construction sites of the non-party company for about seven years prior to the absence of any special health disorder, and had an overwork and stress accumulated, and had been urged by the non-party company from 10 days prior to the instant accident to 6:30 days prior to the instant accident, the deceased engaged in the operation of landscaping trees, irrigation water, and water supply driving at the end of 7:30 hours prior to the instant accident. In particular, in order to plant a maximum of 250 g landscaped trees per day from 40 to 500 times per day, the deceased engaged in the operation of the non-party company. On the date of the instant accident, the pressure of the instant accident, which was difficult in an environment that is exposed to sunbeams for a long time, was raised by blood pressure.

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