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(영문) 서울행정법원 2017.05.11 2014구합72972

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 August 20, 1968, the deceased B (hereinafter “the deceased”) served in the Hajin-do Co., Ltd. from August 20, 1968 to July 10, 193, and obtained approval for the medical care from Eulphan addict addiction, tune diseases, and pathal chronological distress (hereinafter “instant approved disease”), and was hospitalized in a green hospital, etc. affiliated with the original foundation (hereinafter “green hospital”) for the period from the time of death until the death.

B. On July 14, 2014, the Deceased died on or around 04:45, and the death diagnosis report prepared by the deceased’s doctor, who is the chief physician of the Green Hospital, is indicated as “direct death, multi-long-term organ charging, semi-mediate events, waste collection, and ephane addiction, which is the preceding death.”

C. On August 11, 2014, the Plaintiff, a wife of the Deceased, asserted that the death of the Deceased constituted an occupational accident and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant.

On September 19, 2014, the Defendant rendered a decision on the bereaved family's benefits and funeral expenses against the Plaintiff on the ground that "the deceased applied for additional injury and disease due to pulmonary collection, disposal species, plesy, and chloatitis on December 28, 2013, and the cause of the death of the deceased is determined to have causal relations with each other's personal disease unrelated to the previous approval branches rather than the aggravation of evaminated carbon poisoning addiction, which is the existing approval diseases."

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 2, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has considerably deteriorated the overall condition and immunity due to the instant approved injury that constitutes occupational accidents for a long time.

In addition, it was under medical treatment such as Teinson's disease, which could cause the elimination of waste at the time of death, but Teinson's disease is highly likely to cause Einson's disease due to Einson's disease.

In addition, the person who is the deceased in this case.