유족급여및장의비부지급처분취소
1. The disposition that the Defendant rendered to the Plaintiff on May 17, 2016 as bereaved family benefits and funeral site wages shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On September 1, 2011, the Plaintiff’s spouse B (C students, hereinafter “the Plaintiff”) entered a specialized driving school for D Motor Vehicle driving, and carried out road driving teaching services.
B. On August 9, 2015, the Deceased complained of the pains' pains' pains' pains' pains' pains' pains' care while conducting the road driving teaching service. On the same day, the Deceased was transferred to the Jinnams' Hospital at the school of the next generation, and was killed at the above hospital on the 22th of the same month.
C. The main doctor of the above hospital determined that the deceased’s direct death as “the acute scarcity of the front wall, damage to the acute height of the front wall”, “the acute scarcity color certificate of the front wall”, and the front doctor’s death as “the main blood pressure of the front wall.”
The Plaintiff claimed the payment of bereaved family benefits and funeral expenses to the Defendant.
However, on May 17, 2016, the Defendant rendered a determination of the bereaved family’s benefits and funeral site expenses and notified the Plaintiff of the determination on the ground that the proximate causal relation between the deceased’s work and the death is not recognized.
(hereinafter “instant disposition”) e.
The Plaintiff dissatisfied with the instant disposition and filed a request for an examination with the Defendant, but the Defendant dismissed the Plaintiff’s request for examination on October 21, 2016.
The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the Plaintiff’s request for reexamination on February 17, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 16, Eul evidence 4, 5, and 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Since proximate causal relation is recognized between the work and the death of the Plaintiff’s assertion, the instant disposition that was otherwise determined should be revoked as unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. 1) The Deceased’s health condition, etc. (A) The Deceased had a usual drinking, but did not smoke.
B. On May 26, 2008, the Deceased received medical treatment from the Seoul Asan Hospital as the main high blood pressure, and until April 15, 2015.