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(영문) 서울행정법원 2018.05.17 2017구합76715

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A. Around May 2009, the deceased B (CB; hereinafter “the deceased”) entered D (hereinafter “instant workplace”) and performed the work of assisting the production of sun-dried salt.

B. On February 27, 2015, the Deceased was diagnosed as a new cell cancer (hereinafter “instant injury and disease”) at Aju University Hospital on the basis of its diagnosis, but was killed on April 22, 2015 at Giju University Hospital’s home on the ground of the instant injury and disease.

C. The deceased and siblings-related persons, E, F, and G alleged that the death of the deceased constitutes occupational accidents. While the defendant claimed the payment of survivors’ benefits and funeral expenses on June 2, 2017, the defendant was working in the workplace of this case from May 1, 2009 to March 31, 2015 in which the deceased’s main duties were blicker, and separate washing workers did not engage in washing work, so it is less likely that the deceased was exposed to TC (TE) in relation to kidne, so it is less likely that the work site of the deceased could not be found to have been exposed due to hazardous factors for the reason that there was a low possibility of exposure to the deceased’s new risk of exposure from the date of the death of the deceased. However, the result of analysis of the cadmium-related materials handled by the deceased, which had a large quantity of 6 kinds of cadmium, and that there was no possibility of exposure to the deceased’s new risk of exposure to the work site of the deceased.