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(영문) 서울행정법원 2017.04.12 2016구단4327

요양불승인처분취소

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1. On August 21, 2015, the Defendant’s non-approval of the application for medical care benefits against the deceased B, which was acutely influence.

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of the deceased B (hereinafter “the deceased”).

B. From August 1, 2011, the Deceased worked for precious metal shop in Jongno-gu Seoul Metropolitan Government as an employee from D, and performed the business of manufacturing and receiving precious metals.

On June 4, 2014, the deceased worked at the office around 07:30 on June 4, 2014, but was found to have lost the spirit of 08:13 on the same day.

The Deceased was immediately transferred to Seoul National University Hospital and was diagnosed for a heart suspension due to acute refluence, but he was born by cardiopulmonary resuscitation, and was treated in the Seoul National University Hospital and the Incheon National University University Hospital from that time.

C. On April 13, 2015, the Deceased filed an application for medical care benefits for each of the instant injury and disease with the relation to the duties performed by the Deceased, on the grounds that: (a) the Deceased, who was the cause of the heart suspension, (b) the Defendant, and (c) the Defendant: (a) the acute heart color; (b) the deceased was additionally diagnosed; and (c) the b) the b) he was additionally diagnosed by the Deceased; and (d) the b) the c) the c) the c)roude of the c) was related to the duties performed by the Deceased; and (c) the Deceased died on April 27, 2015.

On August 21, 2015, the Defendant rendered a decision not to approve the application for medical care benefits for each of the injury and disease of this case (hereinafter “instant disposition”) on the ground that (i) it is difficult to acknowledge the causal relationship between the deceased’s work; (ii) through (iv) it is limited to the merger certificate; and (v) it was based on the inherent cause of the deceased’s injury and disease.

[Grounds for recognition] No dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The defendant's judgment on the main defense of this case is the deceased, and the plaintiff is not entitled to seek the revocation of the disposition of this case. Thus, according to Article 81 (1) of the Industrial Accident Compensation Act, if a beneficiary of insurance benefits dies, the insurance benefits that have not yet been paid to him/her.