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(영문) 서울행정법원 2017.03.09 2015구합83092
유족급여및장의비부지급처분취소
Text

1. On May 13, 2015, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Circumstances and details of the disposition;

A. On June 6, 1994, the deceased B (hereinafter “the deceased”) was recognized as an occupational accident and received medical treatment until January 17, 1995 as the brain-resistant and cerebrovascular blood (hereinafter “the instant injury”). Since then, the disability grade No. 1 subparag. 3 was determined.

B. After having received the determination of disability as above, the Deceased was hospitalized in C/C convalescent on March 27, 2009, due to the following: (a) the details of the unknown paralysis and the evaculation of the unknown evaculation; and (b) the Deceased was diagnosed on April 8, 2009.

On March 18, 2010, the Deceased died on February 13, 2014 while he/she continued to be hospitalized in a Cvalescent and transferred to a Dvalescent Hospital.

C. The Plaintiff, a wife of the Deceased, asserted that the death of the Deceased constitutes an occupational accident, and claimed the Defendant to pay bereaved family benefits and funeral expenses.

Accordingly, on May 13, 2015, the Defendant rendered a disposition of bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that it is difficult to recognize a proximate causal relation between the deceased’s death and the injury of the deceased.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 6, 8 and 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Deceased lived in a long time due to a serious disorder caused by the instant injury, which is an occupational accident, and that his living condition was adversely affected by the heart and died in a serious color.

Even if the deceased died due to the influence of the outbreak of cardio-cerebral chromosome that occurred on April 8, 2009, cerebral chropic is also caused by the deceased's living in a long-term state of fruit owing to cerebral chrophism.

Therefore, since there is a proximate causal relationship between the injury and disease of this case and the death of the deceased, the instant disposition is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

(c) judgment 1.

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