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(영문) 전주지방법원 2017.11.29 2016구단506
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 disposition;

A. On October 10, 2005, the Plaintiff’s husband B (hereinafter “the deceased”) was employed by C Co., Ltd. (hereinafter “C”) on October 15, 2014, and performed the duties at the site site of DELN major pipelines construction work performed by CJS Co., Ltd. (hereinafter “C”) by the Korea Gas Corporation on October 15, 2014. On February 24, 2015, he/she completed the duties at the site office located in B in the former GY E around 19:00 and returned to the same militaryF on or around 21:00 of the same day. However, it was found that the private person was deceased on or around 10:45 of the following day, and the private person was presumed to have been sexually dead as a person of her sexual intercourse disease (hereinafter “instant disease”).

B. On November 20, 2015, the Plaintiff filed a claim for survivors’ benefits and funeral expenses on the ground that the instant injury was an occupational disease. However, on November 20, 2015, the Defendant rendered a decision on the survivors’ benefits and funeral expenses (hereinafter “instant disposition”) based on the result of the deliberation by the Committee for Determination of Occupational Diseases that the instant injury was caused and died due to the natural dynamic aggravation of the low-age disease rather than occupational age or stress.

C. Accordingly, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Review Committee, but was dismissed on May 20, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 6, 7, 8, 14, 29, 30 evidence, Eul 11 and 12, and the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion deceased performed his duties faithfully at various construction sites near 10 years after his entry in 2005, work as a site manager at the above construction site, and worked at 6 A.M. at 6 A.M. and left 7 P.M. at 7 P.M., etc. on a daily basis. The Plaintiff’s assertion deceased worked 3 hours at 64.5 hours per week average for 64.5 hours per week and 63.5 hours per week average for 63.5 hours per week.

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