2020Guhap67933 The revocation of the revocation of the payment of bereaved family benefits, etc.

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Korea Labor Welfare Corporation

on March 25, 2021

may 13, 2021

1. The Defendant’s disposition on April 7, 2020 of the bereaved family’s benefits and funeral expenses rendered to the Plaintiff shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. A (the date of March 9, 1974) entered a stock company B on January 1, 2002, as the head of the foreign-capital invested vehicle compensation team at the Central Center from January 1, 2019, performed compensation work performance and civil petition management, related companies (maintenance, parts, sirens management, etc.) management.

B. A was hospitalized in a cardio-high speed with a cardio-high speed, around January 2009, and was hospitalized in a cardio-high speed, but the narrowness was not confirmed as a result of the cardio-high frequency test, and only the interference of the State wall movement was observed as a result of the cardio-high frequency test, and was subject to tracking observation and drug treatment on a regular basis until September 7, 2019.

C. At around 11:50 on September 11, 2019 (from September 12, 2019, the next day of the year following the date on which A was closed), A did not engage in a summary judgment on the grounds that the physical body is not good after the call with a civil petitioner, and performed an act to dispatch an office left by his/her employees, and was used in the future at around 12:35, and died after being discovered to a staff member who had completed meals at around 12:40, and was sent to an emergency room (from September 12, 2019, referred to as “A”).

D. The National Scientific Investigative Research Institute determined that the cause of the deceased person’s death was acutely serious, on the basis of his opinion such as death, injury, crypification, etc.

E. On April 7, 2020, the Defendant rendered a disposition of family's benefits and funeral expenses (hereinafter referred to as the "disposition of this case") on the ground that the death of the deceased's spouse, who is the deceased's spouse, is due to the aggravation of the cardio-Japanese color certificate, which is an existing disease, and there is no proximate causal relation with the business.

[Ground of recognition] In the absence of dispute, each entry of Gap evidence 1-2, Gap evidence 2-9, 11, 14, 16, 18, 19, Eul evidence 1-2, Gap evidence 1-2 through 9, 14, 16, 18, 19, and Eul evidence 1-2, the result of this court's inquiry into Eul hospital head, Eul corporation, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

In full view of the aforementioned facts and evidence, Gap evidence Nos. 10 and 12 evidence, witness D, and E testimony, the following facts and circumstances may be acknowledged or known as a whole, taking account of the overall purport of the pleadings. According to this, while well managing the heart disease, which is a usual low-speed disease, even until September 7, 2019, the deceased did not seem to have any special intention at the heart. However, even if the stress was increased due to the increased civil petition affairs, etc. leading to the death of the deceased, it was difficult to receive medical treatment because it was difficult to adjust working hours. On September 11, 2019, 2019, the deceased and the civil petitioner appeared to have been under heavy stress after a telephone call with the civil petitioner, and was found to have been used at the office, and died in a scarcity. The proximate causal relation between the health and physical condition of the deceased person and the deceased person was recognized.

A. On January 7, 2019, the Appellant did not appeal for the chest certificate even after being subject to regular tracking observation by around 10 years after being hospitalized in the heart color and around September 7, 2019, and the low-level call monet numerical value, blood pressure, and chromosome coloring was well managed. On January 6, 2018 as a result of the follow-up and follow-up test of the cardio-high wave, the disturbance of the national wall movement was improved more than 2009, and on September 7, 2019, the Appellant was found to have a good physical ability or health condition, and was prescribed for the same drug as the previous drugs.

B. A doctor who was in charge of tracking, observing, and treating a deceased person is a view that “the possibility of the deceased person’s death was ordinarily different due to the aggravation of the existing heart disease in the absence of any other disease or mental factor because there was no symptoms of the normal cardiopulmonary disease due to appropriate medication by the deceased person, and there was no symptoms of the cardiopulmonary disease.”

C. The Center manages 102 relevant companies, and this constitutes approximately 18.3% of the relevant companies managed by the 111 Foreign Service Centers nationwide, which is at least twice the amount of business and strengths of other regional foreign service centers. The duties of the deceased are frequently occurring during business trips for interviews, and it is difficult to adjust the amount of business and strengths, such as the duty to respond to civil petition calls, in addition to the time during business trips or during business hours. The intensity of duties of the deceased is also increasing depending on the type of sunset in which compensation or civil petition-related duties are handled.

By December 2, 2018, the deceased worked as the head of the accident compensation team at the Daejeon Industrial Complex, and the Daejeon Industrial Center was evaluated as the first level among the 11 Foreign Industrial Center nationwide. However, as the result of the first half of the first half of the year announced on July 2019 was evaluated as the second fifth level by the highest in 2019, the second in 2019, the second in 200 several times, with stress based on the very low performance compared to the anticipated performance. The second in 2018, the second in 200s exchanged or talks with the petitioners in order to resolve civil petitions, as long as the third in 201 was not treated by the person in charge.

D. A serious occupational stress constitutes the cause of a acute eclimatic disorder. A result of the study that the severe occupational stress increases to 6 times the severe eclimatic disorder and 5 times the severe eclimatic disorder within 24 hours after the severe occupational stress increases to 6 times the severe eclimatic disorder and 2 hours after the severe eclimatic disorder response to stress. A eclimatic stress may occur prior to the severe eclimatic disorder.

E. In the tracking observation on September 7, 2019, the deceased did not seem to have any special symptoms. However, on September 9, 2019, 2019, the speaker did not stop even if he/she opened a door-to-door and dypate drugs. Although the senior senior officer was authorized to provide hospital treatment to the deceased, the senior senior officer respondeded to keep the progress on the ground that he/she could not be engaged in normal business unless he/she deals with the unsatisfying business to the maximum extent possible. On September 10, 2019, prior to his/her death, the senior worked for review and approval related to the payment of insurance proceeds. The senior worked on September 11, 2019 for a civil petitioner. On September 11, 2019, the senior dismissed the call from the civil petitioner, and the civil petitioner who was dissatisfied with the lawsuit, was unable to properly display his/her surface or meal on the phone at night, and he/she did not have been able to receive the same outside medical institution.

3. Conclusion

The plaintiff's claim is reasonable and acceptable.