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(영문) 서울행정법원 2015.10.16 2014구합71733
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on November 18, 2013 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B, due to an occupational fall accident that occurred on November 19, 2002, received medical care of the injury or disease (hereinafter “existing injury or disease”) in the upper end of July 19, 2004, the disability pension and nursing benefits have been paid upon the approval of the injury or disease (hereinafter “existing injury or disease”) in accordance with class 1 3 of disability grade.

B. B, on June 9, 2013, the Plaintiff, the spouse of the Plaintiff, set up a tomb and a field for seedlings around the area, and died on July 2, 2013, following the Plaintiff’s dilution (hereinafter “instant pesticide dilution”) of agricultural chemicals (ELsan, Orgophosppate rate) located adjacent to the storage, which were located adjacent to the storage. (hereinafter “instant pesticide dilution”), and was treated as the hospital, after being immediately transmitted to the hospital.

(hereinafter “the instant death”). C.

On November 18, 2013, the Defendant rendered a disposition of bereaved family's benefits and funeral expenses to the Plaintiff on the ground that the Plaintiff moved to the cemetery B (hereinafter referred to as "the deceased's judgment") on November 18, 2013, and confirmed the status of seedlings, and that the net deceased, who entered the Plaintiff's warehouse to cover his mother and child, mispercing agrochemicals as raw water and died, and thus, there is no proximate causal relation between the approved shopping branch and the private person."

(hereinafter referred to as "disposition of this case") d.

The Plaintiff filed a request for review to the Defendant on March 11, 2014, but was dismissed on March 11, 201, and filed a request for review with the Industrial Accident Compensation Insurance Review Committee, but was dismissed on July 18, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. Article 37(2) of the Industrial Accident Compensation Insurance Act is either intentional self-harm or criminal act of a worker, or it.

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