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(영문) 서울고등법원 2018.02.01 2017누74681

유족급여및장의비부지급처분취소

Text

1. Revocation of a judgment of the first instance;

2. On February 1, 2016, the amount of bereaved family benefits and funeral expenses the Defendant paid to the Plaintiff.

Reasons

Details of the disposition

Around 08:15 on May 11, 2010, the deceased B (hereinafter “the deceased”) was suffering from injury (hereinafter “the first accident”) (hereinafter “the first accident”), i.e., the injury (hereinafter “the first accident”), i.e., the climatic he was hospitalized in the Seoul National University Cancer Hospital, and she was hospitalized into the same hospital on Oct. 17, 2010, and was hospitalized into the same hospital on Oct. 17, 2010, and was hospitalized into the climatic surgery at the height of approximately 3 meters from the head. 3m of the cleaning vehicle, and was hospitalized into the same hospital on Oct. 14, 2016.

On May 10, 2012, the Deceased was issued a written disability diagnosis and received disability benefits of KRW 103,936,130, which amount to 1/2 of the first four-year disability pension, after being determined as class 3 of the disability grade by the Defendant.

At around 03:00 on August 26, 2015, the Deceased was examined at his own home, and died of cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala (hereinafter “instant accident”). On September 22:35, 2015, the Deceased was sent to the Korea University Cancer Hospital and was treated by the 119 Emergency Medical Service, and was killed on the part of the Plaintiff, who was the spouse of the Deceased.

Although the Plaintiff filed a claim for the payment of bereaved family benefits and funeral expenses with the Defendant, the Defendant is entitled to the payment of bereaved family benefits and funeral expenses on February 1, 2016, on the ground that “the deceased’s death is not caused by the aggravation of the deceased’s injury but caused by aggravation of the injury and disease caused by an individual accident”.