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(영문) 서울행정법원 2015.05.28 2014구합50446
유족급여및장의비부지급처분취소
Text

1. The disposition of compensation for survivors’ compensation rendered by the Defendant to the Plaintiff on October 11, 2013 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On May 21, 2001, the deceased B, the spouse of the Plaintiff (hereinafter “the deceased”) was appointed as a public official for correction service and worked in the Department of Cheongju Prison Medical Service, and performed duties, such as collecting the future of a person suspected of being infected with pulmonary tuberculosis, and requesting an inspection, and was diagnosed on June 27, 2012.

B. On July 11, 2012, the Deceased was diagnosed on the part of the catus catus catus catus on July 19, 2012, when he was hospitalized at the hospital of the Chungcheongnam-do University on the part of the catus catus.

From July 30, 2012 to April 15, 2013, the Deceased was performing an anti-patum cancer treatment and self-patum organ transplant surgery on the non-pathogen species at the Seoul Asan Hospital.

After that, on April 17, 2013, the Deceased was diagnosed as having been hospitalized in the Chungcheong University Hospital and undergone an examination.

In June 2, 2013, the deceased was receiving medical treatment for the pulmonary value, but the symptoms have deteriorated, and died on June 2, 2013.

C. On July 29, 2013, the Plaintiff filed a claim for the payment of bereaved family’s compensation with the Defendant, but on October 11, 2013, the Defendant rendered a disposition of compensation for survivors’ compensation on the ground that there was no proximate causal relation with the official duties, on the ground that the cause of the outbreak of the forest species was not yet clearly revealed, and as such, the cause of the outbreak of the forest species was not yet clearly revealed. Therefore, it is difficult to deem that the forest species caused or already caused the forest species were rapidly aggravated beyond the natural progress.

(hereinafter referred to as “instant disposition”). [Ground of recognition] Facts without dispute, entry in Gap’s evidence Nos. 1, 2, 3, 5, 6, 11, 12, 15, and 16, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was diagnosed as a cage of tuberculosis and recognized as a disease due to official duties, while performing the work of collecting the cages of a person suspected of being infected with pulmonary tuberculosis from among prisoners in the Cheongju prison medical department.

The deceased is a cage of tuberculosis.

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