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(영문) 서울행정법원 2016.03.24 2015구합65308
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On March 31, 2009, the Plaintiff, the husband of the instant disposition, was determined on March 31, 2009 as Class 3 Subparagraph 3 of the disability grade (a person who is not able to engage in labor for the remaining life due to a significant obstacle to the function or mental function of the new system).

B, around 11:29 on August 10, 2012, was discovered in the state of death after lavering a ber, as it was reflected in the B’s home.

(B) The Plaintiff filed a claim for survivors’ benefits and funeral expenses with the Defendant, alleging that the deceased’s death was caused by the instant recognized injury, but the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses on March 31, 2015 on the ground that “the causal link between the deceased’s death and the deceased’s death is not recognized.”

(hereinafter “Disposition” (hereinafter “instant Disposition”). Inasmuch as there is no dispute, the Plaintiff’s assertion as to the legitimacy of the instant Disposition and the purport of the entire statement and arguments by Gap’s evidence Nos. 1 and 3, and the Plaintiff’s assertion as to the legitimacy of the instant Disposition, the proximate causal relation between the deceased’s death and the approved injury’s death is acknowledged, since the deceased died from urology caused only after having administered the instant approved injury or disease, or died from combined action of these diseases.

Therefore, the death of the deceased constitutes occupational accidents and the disposition of this case by the defendant who rejected the Plaintiff’s claim for the payment of survivors’ benefits and funeral expenses on a different premise is unlawful.

Facts of recognition

이 사건 승인상병의 발병 경위 및 치료 경과 등 주식회사 명성자동차대형정비에서 근무하던 망인은 2007. 2. 10. 자동차를 정비하던 중 자동차를 들어 올리는 자키의 부속품인 쇠뭉치가 튕겨 나가면서 이마 부위를 가격당하는 사고를 당하였다

b.0.0 c.

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