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(영문) 인천지방법원 2015.10.13 2014구단318

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 September 9, 1988, the deceased B (Cre, hereinafter “the deceased”) received medical care on June 30, 2005, following the occupational injury on the part of the deceased “the left-hand brain injury, the left-hand cerebral cerebral cerebral cerebral Masule, Malithal Malithal Malithal, Malithal Malithal Malithal, Malithal Malithal Malithal (hereinafter “the deceased”), the first and the second pressure Malindal Malithal Malithal, the malithal Malithal Malithal Malith, the malithal Malithal Malith, the malithal Malithal Malith,

B. During the process of receiving disability pension, etc. from the Defendant, the Deceased died on August 8, 2006, from November 8, 2006 to May 25, 2013, according to the view that long-term pharmacologic treatment and necessary tests are needed for the prevention of climatic infection caused by neutical neutism. < Amended by Act No. 11904, Aug. 11, 2013>

C. On August 28, 2013, the Plaintiff, a spouse of the Deceased, asserted that the death of the Deceased was caused by an occupational accident and claimed the bereaved family’s benefits and funeral expenses to the Defendant.

On October 14, 2013, the Defendant rendered a decision that the bereaved family’s benefits and funeral expenses cannot be paid since the deceased’s death and the proximate causal relation between the industrial accident approval branch of this case cannot be recognized (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, Eul 1, Eul 2, and 9, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. After the Plaintiff’s assertion occupational accident, the Deceased continued to undergo the pharmacologic treatment due to neutronism among the industrial accident recognition injury of this case, and caused the death of the Deceased. In light of the fact that the deceased’s direct death on the written autopsy of the body of the deceased was written as the prior death on the deceased, the deceased shall be deemed to have died of neutism caused by neutronism.

Therefore, even though the deceased died due to an occupational accident, the deceased's objection is different.