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(영문) 서울행정법원 2018.03.16 2017구합58434
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 December 25, 2004, the Plaintiff’s spouse (CB, hereinafter “the deceased”) suffered from self-explosion, i.e., e., e., e., e., e., e., self-explosion (hereinafter “existing disease”).

From December 25, 2004 to June 30, 2006, the deceased received medical care benefits and received treatment, and thereafter received disability pension, etc. under class 5 of the disability grade.

B. On September 19, 2007, the Deceased was diagnosed by kidumum pulmonary Hospital at the Macheon National University Hospital.

C. The Deceased died on April 1, 2016.

The death diagnosis report of the deceased is written by the person directly in charge of the death of the deceased, stating the “multi-salutic long-term corrosion,” the intermediate winner’s “salutical lung cancer, salke,” and the preceding physician’s “salute cancer.”

The Plaintiff asserted that there exists a proximate causal relationship between the deceased’s death and the existing disease, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on July 15, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that there was no proximate causal relationship between the deceased’s death and the existing disease.

E. The Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, but the Defendant dismissed the Plaintiff’s request for examination on December 20, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of the following, the Plaintiff’s assertion: (a) the deceased had a long-term life on the part of an existing disease; (b) the deceased’s physical function and immunological capacity have rapidly deteriorated; (c) the deceased administered urology for a long time to prevent aggravation of the existing disease; and (d) the long-term urology was the primary factor from which urine cancer was caused by the deceased’s prior death; and (e) the deceased was unable to undergo urine surgery due to the existing disease; and (e) the deceased caused the death of the deceased.

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