요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s spouse B (the deceased on December 28, 2015, hereinafter “the deceased”) served in the Korea Water Resources Corporation C.
On May 25, 2014, the Deceased was diagnosed as “satise infection, cardio-satise satise, and brain satise” (hereinafter “the instant injury and disease”), and filed an application for medical care benefits to the Defendant on January 20, 2015.
On April 23, 2015, the Defendant rendered a decision not to approve the above application on the ground that it is difficult to recognize the proximate causal relation between the deceased’s work and the injury and disease of the instant case.
(hereinafter referred to as “instant disposition”). [Grounds for recognition] without dispute, Gap’s evidence Nos. 1-4, and the purport of the entire pleadings
2. As to the main defense
A. The plaintiff, who is the spouse of the defendant deceased, is not a beneficiary of medical care benefits, and the medical care benefits are not automatically inherited to his bereaved family, and the plaintiff cannot be paid medical care benefits to the plaintiff because he won the case in this case. Thus, the lawsuit in this case is unlawful as there is no standing to sue
B. Article 81(1) of the Industrial Accident Compensation Insurance Act provides that “In the case of paragraph (1), where a beneficiary of insurance benefits dies and there is any insurance benefits to be paid, but not yet paid, to such beneficiary, such insurance benefits shall be paid upon the request of his/her bereaved family (in the case of bereaved family benefits, other bereaved family members entitled to such benefits),” and Article 81(2) provides that “in the case of paragraph (1), where the beneficiary does not claim the insurance benefits before his/her death, such insurance benefits shall
In case where a beneficiary of the insurance benefits under the Industrial Accident Compensation Insurance Act dies, the entitlement to the insurance benefits which have not yet been paid to him shall be succeeded to by the bereaved family in the order of priority determined by the Industrial Accident Compensation Insurance Act, and in this case, no insurance benefits shall be paid.