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(영문) 서울행정법원 2015.05.22 2013구합22864

유족급여및장의비청구반려처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 5, 2012, the deceased B (hereinafter “the deceased”), who is the husband of the Plaintiff, was working for the Korea Special Materials Corporation, and was under medical treatment after being judged as the blood-related search-oriented forest system franchiscis (hereinafter “instant disease”), died by a parous shock by waste collection around May 24, 2012.

(hereinafter referred to as “the instant disaster”. The Defendant (former President) determined on August 1, 2013 that although the Seoul Occupational Disease Determination Committee was exposed to EBV aluminium in the course of its work, its content is very low, EBV virus is not related to the instant disease, although EBV virus may contribute to the cause of the instant disease, the said virus exists in a general environment, the work environment of the deceased is more likely to be exposed to the above virus than that of the general environment, and it is difficult to recognize a considerable relation with the duties because it is not known that there is no relation with harmful substances, stress, etc. other than EBV virus, and that the instant disease is determined on August 1, 2013.

(hereinafter referred to as “instant disposition”). [The grounds for recognition] The facts of no dispute, Gap’s evidence 1 to 4, and Eul’s evidence 2

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was less than 10 times a day, more than 20 times a day, and the work was performed in the process of handling cancer for 12 years, such as spreading aluminium, which is a chemical substance, and inhales through respiratory devices.

In the workplace of this case, the deceased was directly and indirectly exposed to the pollutants that may occur in the process of the treatment of wastewater, and the deceased was affected by the immunity system due to long-term work from 12 to 13 hours per day, which could easily be infected with germs and viruses that could cause the disease of this case.

Three months after the deceased who was diagnosed in Pyeongtaek, was diagnosed.