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(영문) 서울행정법원 2015.09.25 2014구합63220

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. A. Around October 22, 1984, the Plaintiff’s husband B (CB; hereinafter “the Plaintiff’s husband”) joined the Korea Electric Power Corporation (hereinafter “Korea Electric Power and Nuclear Power Corporation”) and worked for the said Company, and retired from the said Company on March 17, 2009, while receiving diagnosis and treatment of Maam on October 29, 2007, and died of Maam on October 10, 209.

B. On October 24, 2012, the Plaintiff filed a claim with the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death was an occupational accident. However, on April 15, 2013, the Defendant rejected each of the above claims with respect to the Plaintiff on the ground that “the deceased’s death was exposed to the radiation level of 12.25mV (scurt; hereinafter the same shall apply) during the period of exposure from August 3, 1985 to June 30, 192 during which the deceased worked within the ordinary scope of work determined by his/her workplace, and based on the results and probability calculated by using the exposure level of the above radiation, the deceased’s above claim for the payment was rejected on the ground that the deceased’s occupational relationship is low.”

(hereinafter “instant disposition”). C.

On November 18, 2013, the Plaintiff appealed and filed a request for review to the Board of Audit and Inspection on November 18, 2013, but was dismissed on April 22, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s assertion of radiation exposure records, the deceased is recorded as being exposed to radiation of 12.25 meters in total for about six years and ten months from August 3, 1985 to June 30, 192 at the first power plant of the non-party company D Electric Power Station of the non-party company (hereinafter “the instant power plant”). Before 191, there was no access management system that records automatically the exposure amount to radiation at the instant power plant, and the access management system that records automatically the exposure amount to radiation at the time of access to the instant power plant was made on August 8, 1987 and the 10th of the same year.