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(영문) 서울행정법원 2018.07.06 2017구합67315

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. The Plaintiff’s spouse B (CB, hereinafter “the deceased”) performed the work of processing stone in D, E, etc. from around 1969.

B. Around 2009, the Deceased was diagnosed as “malutic pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Medical Care

The head of the dental department affiliated with the Kui University Medical Hospital diagnosed the deceased's direct death as "suspension of cardiopulmonary function", "the mid-line event with brain function", "the pre-fluor," and "the causes of the pre-fluor," "the causes of the pre-fluor," and "the blood transfusion," respectively.

C. On May 19, 2016, the Plaintiff filed a claim for the payment of bereaved family benefits and funeral expenses with the Defendant, alleging that the Deceased died due to the low-carbon symptoms caused by chronic pulmonary diseases.

However, on June 28, 2016, the Defendant rendered a determination of the survivors’ benefits and funeral site rent, and notified the Plaintiff of the determination on the ground that “the chronic closed-pulmonary disease, which is an existing disease of the deceased, has no proximate causal relation between the dead and the dead-end transfusion.”

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed a request for an examination with the Defendant, but the Defendant dismissed the Plaintiff’s claim on November 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 on March 9, 2007.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased died due to a chronic pulmonary accident, etc. that occurred while the physical ability was extremely deteriorated due to the chronic pulmonary disease, and caused the death of the deceased by suffering from an external shock so as to be deemed as having died of the occupational accident.

Even if the deceased died's external wound softeners, they can do so.