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(영문) 대전고등법원 2016.05.12 2015누13367
유족급여및장의비부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. From October 29, 197, the deceased B (CB; hereinafter “the deceased”) served as a taxi engineer at the Dae-wheeled Transport Co., Ltd. (hereinafter “Modial Transport”), and on November 10, 2014, the deceased was discovered in the course of collision with the Plaintiff’s judial Dud rice, which was driven by the Plaintiff, and died in the course of being sent to the hospital.

B. On March 4, 2015, the Plaintiff, the deceased’s spouse, claimed bereaved family benefits and funeral expenses to the Defendant. However, on April 23, 2015, the Defendant rendered a decision on bereaved family benefits and funeral expenses to the Plaintiff on the ground that “the cause of the deceased’s death was the heart disease caused by the natural aggravation of the existing disease, and it is difficult to recognize a proximate causal relationship between the deceased’s death and the work.”

(hereinafter “Disposition in this case”). / [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 5, 6, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased maintained normal blood pressure, and the blood ties were difficult to see the normal conditions, and the health care, such as anti-smoking, gold drinking, weight control, and movement, was well achieved. The death of the deceased was caused by occupational and stress, and thus, the instant disposition was unlawful on a different premise.

B. (1) The physician in charge of the National Scientific Investigation Research Institute, who examined the deceased’s body, presented an opinion of autopsy that “In full view of the fact that the heart was unfluored, the heart was found to have almost all of the corrosion in the heart bed, and that the heart bed and the heart bed from the heart bed, the deceased’s private person will be regarded as a brudic heart disease (neodic fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluor).”

(2) From September 17, 2010 to December 7, 2013, the Deceased’s Council members from F to F have received 16 medical treatment, and on December 13, 201, the term “high blood pressure” was continuously recommended to receive 16 times medical treatment, suspected of abnormal geological blood transfusion, and required to provide internal medical treatment.

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