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(영문) 서울행정법원 2017.06.01 2016구합73047

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. On June 10, 1966, the Plaintiff’s husband’s husband (CB, hereinafter “the deceased”) is a person who was employed and worked in the Hadrain Co., Ltd. (hereinafter “Hadradin”) on the part of the Plaintiff’s husband.

(A) A chronic pulmonary disease due to a direct death, a chronic pulmonary disease due to the cause of paragraph (b)(a) of the carbon dioxide addiction, and a ulululium (CS2) due to the cause of the pulmonary acid (C)(b).

B. On May 3, 1995, the Deceased approved medical care from the Defendant as a disease of Eulphane addiction, high blood pressure, and burine dysium, and was hospitalized for the above injury and disease, and was killed at the Seoul National University Hospital on May 6, 2016. The deceased’s private person stated in the death certificate issued by the above hospital is as follows.

C. The Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes occupational accidents. On May 27, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral funeral expenses against the Plaintiff on the ground that “the deceased’s private person is dead, and the cause of the deceased’s failure is chronic closed-pulmonary disease and waste, and the chronic closed-pulmonary disease and waste collection do not have a causal relationship with the Eulphane addiction, which is the disease approved for the medical care.”

(hereinafter “Disposition in this case”). [Grounds for recognition] There is no dispute, entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that there is a proximate causal relation between the deceased’s death and the injury and injury and disease approved for the medical treatment, as the deceased died due to eulphal poisoning addiction, the injury and the serious disease of the witness to the merger, or the above injury and death caused by the combination of chronic closed-pulmonary diseases, etc.

Therefore, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. In fact, the Deceased’s work-type deceased is a production worker for about 15 years from June 10, 1966, who was employed at the Won Jindo and immediately left the work around 1980.