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(영문) 서울행정법원 2016.11.17 2015구합76544
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(2) On May 4, 2014, the total working hours of 12 weeks (on March 7, 2014 and May 29, 2014): B, while flying on the map at around 704.68 (average 58.72 hours per week). On May 4, 2014, B, while flying on the map at around 11:50, 2014, he/she returned to the landing point by having the helicopter broken down on the right side (hereinafter “instant accident”); B, after the instant accident occurred, he/she took six-day off service for helicopter repair on two occasions (on May 17, 2014, May 2014, and May 20, 2014).

B The first week prior to the death did not operate a helicopter.

2) B’s health condition, etc. (A) has been treated several times from November 9, 2007 to “emergency organ infection of the upperly missing person,” and from October 2, 2012 to “defluence of the upperly missing person,” etc.

B) Of the results of the health examination conducted in B, the relevant parts of the instant case are as listed below. As a result of the division, the relevant parts of the instant medical examination conducted in 201 are as follows: (a) blood pressure in 2011: 130/80mHgs in mHgs in 201; (b) at least geological blood transfusion management mHgs in 130/80 mHgs in 2012; (c) regularly required blood pressure measurement network in 2012 mHgs in 130/80 mHgs in 201; (d) at least 140/80 mHg(1j) in 140/80 mHgs in 200 mHgs in 140/80 mHg(2j); (c) according to the family’s statements and medical records (D) before death, the heart of the instant case was found to have a hyne.

3) Medical opinions A) The Defendant (a) (the primary disposition authority’s advisory opinion is sufficiently likely to cause a sudden cardio-cerebral disease, i.e., overwork-related stress, etc., resulting in a sudden cardio-cerebral disease) when considering that the guardian, as he/she did not perform a postmortem examination separately, did not have any accurate cause of death, and there was no high blood pressure and no apparent disease before death; and that the four months before death was presumed to have been serious.

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