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(영문) 수원지방법원 2015.03.23 2014구단30620
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 August 1, 2008, the Plaintiff’s son B (hereinafter “the deceased”) was a person who was enrolled in the support volume of the corporation and was in charge of the shipment affairs in the management department, and was found to be her fee upon death at around 09:53 on November 24, 201. The death diagnosis report is written on the ground of death.

B. On April 1, 2013, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses. However, on May 10, 2013, the Defendant rendered a claim against the Plaintiff for the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that “the deceased’s death is not recognized as a proximate causal relation with his/her duties due to a private person’s unknown cause”).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the work immediately before the death increased, and as a result, mental and physical stress increased and eventually caused the death, the death of the deceased constitutes an occupational accident.

B. 1) On August 1, 2008, the deceased entered the office room for the company operating the paper gambling manufacturing and supply business, and entered the office room for the company, and was in charge of the product delivery as C office book.

B) Of the deceased’s work, 90% of the work is the work of preparing a trading specification sheet and providing it to the ex-factory employees. The other work is the work of communicating with the vehicle company and supplying the vehicle. C) The deceased’s work hours are from 08:30 to 18:00, and Saturdays worked for a shooting, and the deceased worked for an average of two hours per day.

2) The Deceased’s health condition was diagnosed by the medical examination conducted prior to the death that as the call roll is more than 200g/dl with geological blood transfusion management, the method of blocking, and the exercise. 3) Medical opinions, etc. of the National Institute of Scientific and Investigative Research, the autopsy check conducted by the National Institute of Scientific and Investigative Research: Corruption was conducted in the external table of the Deceased.

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