유족보상금부지급결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On January 6, 2011, the Plaintiff, the husband of the instant disposition, died of the Plaintiff to avian influenza (A/H1N1) around 06:25 on January 6, 201 (hereinafter “new fluor”), while serving as the Daegu fluor C.
(2) On March 15, 2013, the Plaintiff asserted that the deceased’s death constituted an accident on official duties, and claimed the payment of bereaved family’s compensation to the Defendant. However, on April 9, 2013, the Defendant rendered a decision on the compensation for bereaved family’s compensation on the ground that “Inasmuch as the deceased is a disease spread through respiratory equipment, and is not deemed to have been infected by a new fluor within his workplace, it is difficult to deem that there is a proximate causal relation between the deceased’s death, the cause of death, and the new fluor, public duties, or official duties.”
(hereinafter referred to as “instant disposition” (based on recognition), and the purport of the entire statement and arguments by Gap’s evidence Nos. 1 and 6, as to the legitimacy of the instant disposition, the Plaintiff asserted that the instant disposition is lawful, and the deceased was infected by a new fluor, who used the same office in the state where the immunity was deteriorated due to excessive work and mental stress, and even after that, while continuing to perform excessive work, the new fluor was worse and died due to the aggravation of the new fluor’s disease in the line of duty.
Therefore, the instant disposition rejecting the Plaintiff’s claim for compensation of bereaved families is unlawful on the premise that there is no proximate causal relation between the deceased’s official duties and the new fluorce.
Facts of recognition
The Deceased’s usual health condition was a relatively healthy condition without any particular disease in addition to taking the drugs of normal blood pressure before the Deceased’s death.
On the 29th of December 27, 2010, the Deceased, including the outbreak and progress of fluorous dust, had shown the symptoms of his body by visiting the members of the internal medicine in the vicinity of the workplace and received a prescription of simple reduction.
The Deceased shall have increased his capacity.