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(영문) 전주지방법원 2014.09.24 2013구합2000546

유족급여 및 장의비 부지급처분 취소

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1. On October 26, 2012, the Defendant revoked the disposition of bereaved family benefits and funeral site pay to the Plaintiff on October 26, 2012.

2...

Reasons

1. Details of the disposition;

A. On November 24, 1984, as a worker affiliated with D, the deceased B (hereinafter “the deceased”) suffered from occupational accidents falling on the ground as seen above, and was approved by the Defendant as an injury and injury (hereinafter “the first injury and injury in this case”) and was treated until May 25, 1986, and was determined as class 1 grade 3 of the industrial accident compensation insurance disability grade, and was determined as “receiving certificate and blood transfusion” (hereinafter “the additional medical care in this case”; the first injury and injury in this case were approved as an additional medical care and died on September 16, 2012, after treating them from October 9, 2009 to November 30, 201.

B. On September 16, 2012, the direct death of the deceased on the corpse autopsy as of September 16, 2012, is a hack, and the intermediate winner is a hacke.

C. On September 28, 2012, the Plaintiff, the wife of the deceased, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant on the ground that the deceased died from the first injury of the instant case. However, on October 26, 2012, the Defendant rendered a disposition not to pay bereaved family benefits and funeral expenses (hereinafter “the instant disposition”) on the ground that “the deceased’s death was closed on November 30, 2009, and there was no record of treatment with a re-treatment of the previous approved injury and disease, and there is no proximate causal relation between the deceased’s death and occupational accident since the direct death on the corpse’s draft physical examination was dead.”

The plaintiff filed a petition for review with the defendant and filed a petition for review with the Industrial Accident Compensation Insurance Reexamination Committee, but all of the above claims were dismissed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 9 (including all types of numbers), the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The summary of the Plaintiff’s assertion is that even if the deceased’s direct death is deteriorated, this is the first injury or disease in the instant case and the additional medical care.