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(영문) 서울행정법원 2016.05.12 2014구합18220

유족급여및장의비부지급처분취소

Text

1. The disposition that the Defendant rendered to the Plaintiff on February 26, 2013 as bereaved family benefits and funeral site pay shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. A. Around June 8, 1981, the Plaintiff’s husband (CB; hereinafter “the Plaintiff’s husband”) entered D Co., Ltd. (EE Co., Ltd.; hereinafter “instant company”) and was in charge of nuclear power plant equipment operation, such as nuclear material replacement work for nuclear power plants, and transferred the Plaintiff’s husband to temporary workers from January 1, 201 after retired from the retirement on December 31, 201, and then was in charge of overseas business trips, bombs, project emptys, and replacement.

B. As a result of blood examination on July 21, 201, the Deceased was hospitalized in a medical treatment after being diagnosed as a acute lebane disease (hereinafter “instant disease”).

8. 6. Dec. 1, 200

C. On February 26, 2013, the Plaintiff asserted that the deceased’s death constitutes occupational accidents, and claimed for survivors’ benefits and funeral expenses. However, on February 26, 2013, the Defendant determined the site price (hereinafter “instant disposition”) for the following reasons.

Since the disease in this case occurred after more than ten years have passed since the degree of exposure to the deceased's radiation was insignificant and not exposed to radiation, the causal relationship between the deceased's work and the disease in this case is low, it is not recognized as a occupational disease according to the result of the deliberation by the Occupational Disease Determination Committee.

On May 22, 2013, the Plaintiff filed a request for review to the Board of Audit and Inspection on the instant disposition, but the Board of Audit and Inspection dismissed it on July 9, 2014.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased’s death should be considered as an occupational accident, but the instant disposition that was otherwise determined is unlawful.

1) The Deceased is 1.71mV Mtillisieverts (burter's abbreviationter).

The radiation exposed to human body shall be the amount exposed to radiation.