유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B, who is the spouse of the Plaintiff, obtained approval from the Defendant for an occupational disease on March 13, 2002 from the brain stroke (hereinafter “the instant injury and disease”), and following the completion of treatment on November 30, 2005, the disability pension was received from around that time.
B. B discovered at home around 00:20 on October 19, 2015 that no consciousness was available and sent by the 1119 rescue unit to C Hospital, and died of the death of the “inhumanity death of the deceased deceased”, a direct death at around 01:06 on the same day.
(hereinafter referred to as “the deceased”). (c)
After the death of the deceased, the Plaintiff filed a claim against the Defendant for the payment of bereaved family benefits and funeral expenses, and the Defendant, on December 22, 2015, rendered a decision that the deceased would not pay bereaved family benefits and funeral expenses (hereinafter “instant disposition”) on the ground that “The deceased’s death was caused by a cause not attributable to an individual disease and caused the death as a private person due to a cause not to have proximate causal relation between the deceased’s death and the injury caused by his death” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was caused by sudden death on October 19, 2015, among the continuous aggravation of the disease of this case from the outbreak to the time of death.
In light of the fact that there is no reason to view the deceased as the cause of death, and the health of the Plaintiff has deteriorated due to the disease of this case for a long time, proximate causal relation is recognized between the deceased’s death and the injury and disease of this case.
Therefore, the instant disposition is unlawful on a different premise.
B. In order to constitute an “occupational accident” subject to the Industrial Accident Compensation Insurance Act, the causal relationship between the business and the disaster is recognized, but the accident should be determined.