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(영문) 인천지방법원 2018.11.08 2016구합52761
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 26, 2012, the deceased B (one name C; hereinafter “the deceased”) who is the Plaintiff’s spouse was employed in the Seoul Engineering Co., Ltd. (hereinafter “instant company”) and was engaged in melting work on November 26, 2012. On August 6, 2015, the deceased was used in folding work at the 2nd workplace within the company, and died at the hospital affiliated with the Jind University’s University’s University (hereinafter “C”) for “patching surgery due to cerebral malule” and received hospitalized treatment.

On October 2015, the Plaintiff asserted that the death of the deceased constituted an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. On December 1, 2015, the Defendant rendered a decision on the payment of survivors’ benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relationship between the deceased’s death and his/her duties.

[Reasons for Recognition] Entry of Evidence Nos. 1 through 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that he/she is performing excessive work, such as continuous extension work, night work, etc., in the ordinary world. From June 15, 2015 to July 3, 2015, the Plaintiff’s assertion that he/she works for about 19 hours on an average of about 19 hours per day and immediately before the death.

8. 5. Until May 1, 200, she was engaged in a high temperature melting work without a lower-level leave.

Since the deceased’s cerebrovascular disease was caused or aggravated due to such overwork and stress, there is a proximate causal relation between the death and work of the deceased.

Therefore, the instant disposition, which was taken differently, is unlawful.

B. In recognition, the deceased, such as the duties of the deceased 1, performed contact duties in D from July 1, 1998 to June 31, 2008, from July 1, 2008 to March 1, 201, from E to November 24, 201, from March 201 to November 24, 201, and on November 26, 2012, the deceased performed contact duties in F.

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