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(영문) 서울고등법원 2016.07.21 2015누32478
유족급여및장의비부지급처분취소
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. Basic facts

A. From March 20, 1996, the Plaintiff’s husband’s husband net B (CB; hereinafter “the deceased”) joined the TPP Co., Ltd. (hereinafter “instant company”) and worked for the company (hereinafter “instant company”) on April 17, 2017:25, while rendering shower services at a bath in the first floor of the instant company’s power-driven office, the Plaintiff she sated and sated, sat down to two to three minutes, and was escorted to the D hospital emergency room.

B. On April 17, 2013, the Deceased was diagnosed with traffic congestion, fluoral pulposis, brain-resistant surgery in a cerebral transport connection, and brain-resistant surgery in a brain room on the same day. On May 9, 2013, the Deceased was under intensive treatment on the same day, and was under intensive treatment, and died to “direct death” on May 9, 2013, on the following day: 07:40, while undergoing intensive treatment.

C. On May 6, 2013, the Plaintiff asserted that the deceased’s death was due to overwork and stress due to elegant disorder, and claimed the bereaved family’s benefits and funeral expenses to the Defendant.

On January 13, 2014, the Defendant rendered a decision to refuse payment (hereinafter “instant disposition”) on the ground that it is difficult to regard the deceased as a critical factor to an extent that he or she may cause a sudden higher level of cerebrovascular, and that it is difficult to recognize a proximate causal relation with his or her duties as a result of the natural aggravation of existing diseases rather than occupational routes and stress (hereinafter “instant disposition”).

On March 10, 2014, the Plaintiff filed a request for a review against the disposition of site pay with the Defendant, but was dismissed on April 25, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 1-2-1, 3, Gap evidence 3, Gap evidence 13, Eul evidence 1-1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was accumulated with excessive stress while working in the instant company, and the cause of such excessive work and stress led to death. Therefore, the Deceased’s death.

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