logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.03.08 2016구합80410
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details and details of the disposition;

A. On July 18, 1993, while serving in Samsung Heavy Industries Co., Ltd., the deceased B (hereinafter “the deceased”) suffered from injury such as scopic damage, scopic damage, scopic scopic scopic scopic scopic scopicosis, chronic pulmonary pulmonary disorder, chronic pulmonary pulmonary disorder, chronic pulmonary pulmonary disease, scopic pulmonary disease, workplace infection, 5-6, and 6-7, and was judged as class 3 of the disability grade 1, after receiving medical care until May 31, 2005 as an occupational accident from the defendant.

(hereinafter “instant occupational accident”). B.

On August 20, 2015, the Deceased died at around 00:52 on August 23, 2015, when he/she was receiving medical treatment at the Gelim University Gangnam-gu Hospital (hereinafter “instant hospital”).

C. On October 12, 2015, the Plaintiff, a spouse of the Deceased, asserted that the death of the Deceased constitutes an occupational accident and claimed the payment of bereaved family benefits and funeral expenses to the Defendant.

On November 19, 2015, the Defendant rendered a disposition on the bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “the proximate causal relationship between the instant occupational accident and the deceased’s acute brain color, which is the private person, cannot be recognized.”

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was as follows: (a) due to the color marry, which is a post-damage to the water that was caused by the occupational accident of the instant case; (b) due to the marcation of training, the deceased died of the marc type that was caused by the marc disorder caused by the training

Therefore, since there is a proximate causal relationship between the deceased’s death and the occupational accident of this case, the instant disposition is unlawful.

B. The details of the relevant statutes are as shown in the attached statutes.

C. The “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an employee.

arrow