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(영문) 부산지방법원 2014.12.24 2014구단25
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 instant disposition

A. On June 13, 2013, B, the Plaintiff’s spouse, was employed as a fixed-term employee at the Dong-nam Regional Statistics Office and performed an integrated economic statistics survey, etc. On July 12, 2013, the Plaintiff’s employees of the East-nam Regional Statistics Office (hereinafter “Seoul National Statistical Office”) died of the Plaintiff’s liver pressure (pathosis by an electric traffic bus, which is an event) by external pressure (pathosis) around 10:40 on July 14, 2013, in which the Plaintiff’s spouse was her own mind during singing and singing at 21:00 music, and was sent back to C hospital with the 119 emergency medical service vehicle, and was transferred to the Human University Busan National University Busan National University Busan National Hospital.

B. The Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses on the ground that the deceased B (hereinafter “the deceased”)’s death constituted an occupational accident. However, on November 28, 2013, the Defendant rendered a decision to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that the causal relationship between the deceased’s work and the death is not recognized.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1-1, the purport of whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The plaintiff's assertion that the office of the Dongnam Regional Statistics Office, working for the deceased, is in the top floor of the building, and if the office of the Dongnam Regional Statistics Office is in the top floor of the building and the 3-4 p.m. is in the top floor of the building, the air condition was overwork in an inferior environment, such as failing to normally operate the air condition, and caused the death of the deceased due to stress caused by work. Therefore, the defendant's disposition of this case, which judged otherwise, is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. 1) As from June 13, 2013, the Deceased’s work form and duty, etc. (A)

7. The period of the contract up to 23. The period of the contract shall be the period for conducting the integrated survey of economic statistics on the basis of the year 2012 to the ASEAN.

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