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(영문) 서울행정법원 2016.01.15 2015구합1724

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On March 5, 1996, the deceased B (hereinafter referred to as the “the deceased”) received medical care benefits for the treatment of traumad brain dystrophism and dystrophism, etc. caused by the occupational accident falling from the bridge during the work of March 5, 1996.

Although the Deceased completed medical treatment on June 30, 199, the Defendant was given a disability grade No. 2 subparag. 5 (Persons who need to receive from time to time nursing due to a significant disorder in the function or mental function of the neurosis).

On October 19, 2014, the Deceased died of a multi-presidential organ due to the cardio-presidential color as a direct death.

As the deceased’s spouse, the Plaintiff asserted that the deceased died from an injury or disease caused by the occupational accident, and sought the payment of bereaved family benefits and funeral expenses against the Defendant.

However, on November 12, 2014, the Defendant rendered a decision to pay bereaved family benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiff on the ground that it is insufficient to deem that the Deceased died of a disease caused by an occupational accident.

[Ground of recognition] The plaintiff's assertion as to the legitimacy of the disposition of this case, including Gap's evidence Nos. 1, 2, 6, and Eul evidence Nos. 1, and the purport of the whole pleadings, was legitimate, and the plaintiff's physical and mental stress was seriously affected by continuous treatment due to occupational accidents suffered on March 5, 196.

Although the deceased should be deemed to have reached the cardiopulmonary background due to the above factors, the defendant denied the proximate causal relationship between the disease caused by the occupational accident and the death of the deceased, so the disposition of this case should be revoked as unlawful.

In fact, the deceased's health condition had been treated before October 11, 1994, before brain damage was caused by occupational accidents.

The Deceased was hospitalized for one month after he/she suffered from occupational accidents.