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(영문) 서울행정법원 2019.03.15 2018구합60458
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. The deceased B (Cre, hereinafter “the deceased”) is a person working at D’s workplace.

On November 18, 2014, the Deceased was an accident buried in earth and sand (hereinafter “instant accident”) while working at the construction site at which the said construction site was in force, and the Deceased was determined to receive medical care from the Defendant on the ground that he was recognized as a occupational accident due to the instant accident.

(hereinafter referred to as the “instant approved injury and disease”), which was approved as above, B.

In accordance with the above medical care decision, the deceased was receiving medical care for the approved injury and disease of this case. On March 2017, 2017, the deceased was diagnosed as an extractr cancer and eventually died on April 26, 2017.

The direct deathist in the deceased's death diagnosis report is an abstract cancer.

C. The Plaintiff, a child of the deceased, claimed that the death of the deceased constituted an occupational accident, and claimed the payment of bereaved family benefits and funeral expenses to the Defendant.

On July 17, 2017, the Defendant rendered a disposition of bereaved family's benefits and funeral expenses on the ground that " there is no causal relationship between arsenal cancer, the direct death of the deceased and the recognition of the instant case".

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Deceased was in a vegetative state due to low-carbon cerebral typhism, which is the instant approved vegetative disease, and the physical function of the deceased was deteriorated, and the urine disease led to urine cancer. Furthermore, since the Deceased was in a state of vegetative disease, vegetative cancer diagnosis was delayed due to vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative vegetative veg

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