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(영문) 서울고등법원 2014.10.31 2014누771
유족급여및장의비부지급처분취소
Text

1. Revocation of a judgment of the first instance;

2. On September 20, 2012, the amount of bereaved family benefits and funeral expenses paid by the Defendant to the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 22, 2009, the Plaintiff’s husband’s husband He joined the National Design Corporation (hereinafter “instant company”) as a staff member of the Human Business Headquarters. On November 19, 2011, the Plaintiff’s husband’s husband’s husband’s work as a site manager at the construction site for remodeling of the restaurant (hereinafter “the instant construction”). On January 6, 201, the Plaintiff died while being divingd from the instant resort (hereinafter “instant construction”).

B. On July 31, 2012, the Plaintiff claimed that the deceased’s death constituted an occupational accident and filed a claim for the payment of survivors’ benefits. On September 20, 2012, the Defendant rendered a disposition of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “The deceased’s death was objectively verified by occupational department before the deceased’s death, and it appears that the deceased’s unreasonable drinking as of the day before the deceased’s death and his occupational department are related to the death, and that there is no proximate causal relation between the deceased’s work and the death.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the deceased worked as the head of the site of the instant construction site and was under excessive stress as a matter of duty. In particular, since the end of December 201, the number of on-site inputs increased more than twice due to the reduction of construction period, and the burden of the deceased’s duties increased rapidly.

In light of the degree of blood alcohol of the deceased, there was no existing disease that could cause the death to the deceased, and in light of the degree of blood alcohol of the deceased, drinking prior to the death does not seem to be the cause of the death of the deceased.

Therefore, the deceased should be deemed to have died of occupational course and stress, so the instant disposition should be revoked on a different premise.

B. 1) The deceased’s work and reason for his death are as follows.

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