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(영문) 서울행정법원 2018.12.20 2017구합86910
유족급여및장의비부지급처분취소
Text

1. On October 11, 2017, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On April 30, 2010, the Plaintiff’s spouse B (CB, hereinafter “the deceased”) works for tree d apartment security guards in Gangnam-gu Seoul Metropolitan Government while serving as the Plaintiff’s spouse.

실족하는 사고를 당하였고(이하 ‘이 사건 사고’라 한다), 그로 인하여 '뇌좌상, 급성뇌경막상혈종, 가슴뼈골절 및 혈흉, 두개골 함몰골절, 경추염좌, 두피열상, 제3흉추 병적골절, 혈관손상(내유동맥), femur neck fracture'(이하 ‘이 사건 각 상병’이라 한다)를 진단받았다.

B. On June 6, 2017, the Deceased died in the E convalescent around 04:33, while receiving the approval of each of the instant injury and disease due to occupational disease.

The death diagnosis report on the deceased is written as follows: a e-mail chronological disorder, a middle line event, a multi-long-term team, and a long-term and old-term hospital after the death diagnosis.

C. On August 17, 2017, the Plaintiff requested the Defendant for the payment of survivors’ benefits and funeral expenses. However, on October 11, 2017, the Defendant rendered a disposition of survivors’ benefits and funeral site non-payment on the ground that “it is difficult to deem that there is a proximate causal relationship between the causes of the deceased’s death and that there is a high blood pressure, ESDR (blood), netage, dM (urine), and HI as a result of the death diagnosis, and that there is a large amount of acute fluorial fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral flus

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry in Gap’s 1, 3 through 6, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased would be at least seven (7) years from the accident to the death of the deceased, and at least seven (7) years from the time of the death of the deceased.

Multilateral long-term system, etc.

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