유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 26, 200, the deceased B (Cs and male) entered Lbane Co., Ltd. (hereinafter “instant place of business”) and was engaged in the business of operating the transmission network, etc., they were diagnosed due to the aggravation of chronic hepatitis B, which is an existing individual disease, and were provided medical care.
B. On January 20, 2013, while receiving medical care, the Deceased died at Samsung Seoul Hospital (hereinafter “the instant death”). The death diagnosis report on the Deceased is indicated as “(A) direct death”, “the cause of death”, “waste collection”, and “the cause of (b)(a): the inter-functional part”.
C. The Plaintiff, the deceased’s spouse, alleged to the effect that the deceased died due to occupational malpractice and stress, and claimed for the payment of bereaved family benefits and funeral expenses against the Defendant. However, on January 14, 2014, the Defendant rendered a disposition rejecting the Plaintiff’s claim on the ground that “In the case of the deceased, it is confirmed that the deceased’s existing hepatitis B, which is a disease, was conducted as toxic infection due to savable savable saves, and that the proximate causal relation with the work, such as overwork, stress, is not recognized, and thus does not constitute a disease due
(hereinafter “instant disposition”) D.
When the Plaintiff filed a claim for re-appeal against the instant disposition, but dismissed on June 26, 2014, the Plaintiff appealed and filed the instant lawsuit on September 16, 2014.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, each entry of Eul evidence 1, and the purport of whole pleadings]
2. The assertion and judgment
A. According to the Plaintiff’s medical opinion, etc., the possibility of death due to toxic infections based on the emullive breadth, which the Defendant used as the basis for the instant disposition, seems to be low. In the case of the Deceased, due to the work of restoring typhoon dust in 2002, the deceased was overwork due to the work of restoring the emullion of the heart emull.g., rapid aggravation due to the occupational division that occurred around that time.