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(영문) 서울행정법원 2019.04.12 2018구합64238
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. On April 28, 2005, the deceased B (hereinafter “the deceased”) who is the spouse of the Plaintiff was diagnosed as “the 3-4, 5-6 conical signboard escape certificate, and the light-centered relative relative relative type prone group” as a traffic accident during the course of performing his duties, and was recognized as an occupational accident until July 21, 2006, and was determined as a person subject to the disability grade 1-3 (a person who has a serious obstacle to the function or mental function of the Seongbuk system and is always in need of nursing at all times).

B. On April 12, 2016, the Deceased died on April 26, 2016, when being hospitalized under an operation conducted on April 18, 2016, after being diagnosed as “alleys between the left her fore and the left her fore.”

C. The Plaintiff applied for the payment of bereaved family benefits and funeral expenses to the Defendant, but the Defendant rendered a site pay disposition on February 15, 2017 on the ground that “it is difficult to deem that there is a proximate causal relationship between the deceased’s death and the existing recognized injury and disease caused by occupational accidents.”

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Board of Audit and Inspection, but was dismissed on February 14, 2018 for the same reason.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was caused by a brupt on the left-hand left-hand side in the course of taking a book, which is an action accompanying his daily life, and was caused by a surgery on the brupt part of the brupt, which was performed under the absence of a long-term medical care function due to the previous approved injury, and then caused the death of the brupt, which is a testamentary gift, there is a proximate causal relation between the death and the existing approved injury of the deceased.

Therefore, the instant disposition taken on a different premise should be revoked in an unlawful manner.

B. The Deceased, who was recognized, shall live at his own home after being determined as a disability grade due to the existing approved injury.

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