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(영문) 창원지방법원 2016.01.12 2014구단10289
유족급여및장의비부지급처분취소
Text

1. On July 8, 2014, the disposition that the Defendant rendered against the Plaintiffs as bereaved family benefits and funeral site pay shall be revoked.

2...

Reasons

Details of the disposition

In the construction site of national highways E (hereinafter “instant construction”) where Handi Co., Ltd. (hereinafter “Korea”) is the principal contractor, the Plaintiffs’ networks C (D students, hereinafter “D”) served as the head of the site office affiliated with the limited liability company contracted by Handi (hereinafter “Seoul”) for the instant construction work.

On March 5, 2014, at around 19:16, the Deceased was diagnosed to have caused “cerebral blood” (hereinafter “the instant injury and disease”) at the hospital, after being taken care of his food among his employees and his table of meals.

In spite of the deceased’s medical treatment such as an operation, the deceased died of his/her direct death on March 21, 2014, such as “emergency abortion” and “cerebrovascular,” which is an intermediary event.

Accordingly, on May 2, 2014, the Plaintiffs claimed that the death of the deceased constitutes an occupational accident and the funeral expenses against the Defendant. However, the Defendant rendered a site-based disposition on July 8, 2014 on the ground that there was no proximate causal relation with the instant injury on the ground that the instant injury and disease did not exist, following deliberation by the Occupational Disease Determination Committee.

(hereinafter referred to as “instant disposition”). [The grounds for recognition] did not dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, and Eul evidence Nos. 1, and the purport of the overall argument by the parties concerned as to the legitimacy of the disposition of the entire argument, the plaintiffs, as the head of the site office of the instant construction project, had much stressed in the process of receiving instructions from Han-ra, etc., who is an original business entity, prior to the completion time and low construction progress rate. In particular, the payment of monthly labor costs for one-month workers on the job was delayed and stress increased accordingly

Furthermore, from February 8, 2014 to the date of the outbreak of the instant injury, the Deceased was in a serious state of task, such as working without leaving a day from February 8, 2014 to the date of the instant injury, and therefore, it is clear that the physical and mental burden incurred to the Deceased was the cause of the instant injury. Therefore, there is a proximate causal relation with the instant injury.

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