beta
(영문) 서울고등법원 2016.05.27 2015누48916

유족급여및장의비부지급처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. B performed medical care on October 18, 1996 due to occupational accidents (hereinafter “the instant accidents”), and received disability pension under class 3 of the disability grade after receiving medical care until September 3, 1998 as “the 2nd Ethical aggregate, spathal, lower half-time, and neutronical boming (hereinafter “the first approved diseases”).

B. B On December 13, 2013, at home around 09:12, 2013, she died (hereinafter “the deceased”) and the direct death on the death certificate is an extended heart disease.

C. The Plaintiff, a wife of the Deceased, asserted that the death of the Deceased was caused by the instant disaster, and claimed payment of survivor pension and funeral expenses to the Defendant. On January 22, 2014, the Defendant rendered a decision on the payment of survivor pension and funeral expenses (hereinafter “instant disposition”) on the ground that the causal relationship between the deceased’s death and the injury and disease initially approved was not recognized.

【Fact-finding without a dispute over the ground for recognition, Gap evidence 1 through 3 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s death of the deceased on the ground that there is a proximate causal relation with the instant disaster for the following reasons, the instant disposition taken on a different premise is unlawful.

1) The Deceased of Chapter 1: (a) caused a sudden malutism due to the lack of physical exercise due to the lower half of the body, which is the first approved injury, and the overall circulation disorder; and (b) thereafter, the expanded cardiopulmonary disease due to stress caused by the lower half of the body, the urine, etc., and the climatic disorder caused the death of the deceased. (c) Chapter 2: (a) The Deceased of Chapter 2 caused a sudden malutic disorder due to the merger of the lower body, the first approved injury, which was caused by the merger of the lower body, which was the first approved injury.