205Guhap2100 Compensation for survivors and revocation of a disposition of non-payment with respect to funerals

Maximum 00

Korea Labor Welfare Corporation

March 7, 2006

March 28, 2006

1. On February 12, 2004, the defendant revoked the disposition of bereaved family benefits and funeral site pay to the plaintiff on February 12, 2004.

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

The order is as set forth in the text.

1. Details of the disposition;

On August 30, 1996, while working there was a high-tension cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral al, which was recognized by the Defendant as an occupational accident and received disability benefits, etc. from the Defendant after the treatment was closed on September 26, 1997 and the Defendant received disability benefits, etc.

B. The Deceased died on October 12, 2003 at his home at around 00 (Presumption). The Deceased died.

C. On November 6, 2003, the Plaintiff claimed bereaved family benefits and funeral expenses to the Defendant. However, on February 12, 2004, the Defendant rendered the instant disposition rejecting payment on the ground that the deceased’s private person was a decretion (presumed) and was not due to cerebral cerebralculars originally approved for industrial accident.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1, Gap evidence 3-1, 2-1, Gap evidence 8-1, Eul evidence 1, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff's assertion

As a result, the deceased's physical and mental death has been weakened due to the continued status of a long-term invasion due to cerebrovascular, which is an occupational accident, the deceased's death constitutes an occupational accident.

(b) Facts of recognition;

(1) The deceased’s symptoms and medical care details, etc.

(A) Before the outbreak of cerebrovascular, the Deceased had a high blood pressure and sulgin sulgic urine urine disease before the outbreak of the cerebral transfusion.

(B) On August 30, 1996, the Deceased was hospitalized on September 26, 1997 through the Busan 00 Hospital, etc. after the outbreak of cerebrovascular.

(C) At the time of October 7, 1997, the Deceased was in the state of the left-hand horse fat (1. Coordinate: the state of voluntary movement due to the condition of handout and the fat of the shoulder section fat, and the condition of the fat of the fat: the fat of the shoulder section fat: the fat of the part fat, and the fat of the fat, the fat of the fat of the fat, but the fat of the fat of the fat of the fat.

(D) There is no record that the deceased continued blood pressure or blood transfusion management after September 1997. On November 27, 1997, the deceased was diagnosed at the Medical Center of 00 Medical Service on the Welfare of Disabled Persons Act, with the 3rd degree 5 of the physical disability under the Act on Welfare of Persons with Disabilities (a person who has a significant obstacle to his function due to the complete steel, high level of steel or paralysis on one arms). On August 12, 2002, the deceased was diagnosed at the same hospital of 1st degree of brain disease (a person who is unable to walk or is unable to live daily life, and thus requires learning and protection).

(E) The deceased’s doctor 000, who examined the body of the deceased, diagnosed the deceased’s private death as cerebrovassis, an intermediary, and a direct death.

(2) Medical opinions on the deceased’s private person

(A) 00 medical practitioners' opinions

At the time of death, if the age is 52 years and 5 years of age, it was not considered as a refund, but it was considered that the net is able to promote the aging of the overall physical function after the lapse of 4 years from the date of cerebral blood and the year of ladden (e.g. - the rate of snden). Other obvious sources of death

In the absence of person, it is presumed that a long period of time is bengd - the overall physical function caused by the continued rate will be the cause of death.

(B) Opinions of the Defendant’s advice

As the cerebrovascular, which is the preceding death, has passed for a considerable period, and the relationship with the direct death, which is the cause of death, is not clearly identified, it is difficult to view that there is a relationship with the disaster.

(c) Results of entrustment to the President of the Korean Medical Association for appraisal;

High blood pressure is the most important cause of a self-explosion, and also contributes to brain dystrophy as well as the urology. In the absence of continuous blood pressure and blood dystrophy since cerebral dystrophy in 196, the death of a new brain dystrophy cannot be excluded from the occurrence of a new dystrophy, etc. due to a merger with high blood pressure and urology.

The Deceased was diagnosed from the Medical Center of 00 medical personnel on November 1, 1997 as 3rd degree 5, and the Deceased was diagnosed as 1st degree thalopical disability on August 2002 without recording the process. The Deceased’s life expectancy may be reduced due to high blood pressure or a merger by urology. However, even if the record of the cause of the Deceased’s death was complete, it cannot be ruled out that the Deceased’s death was caused by internal over-the-spot merger, which was merely caused by the cause of the Deceased’s death.

The current medical records cannot identify the cause of the brain disease of 2002 grade 1, the indirect preemptive event of the deceased, the direct preemptive event of the deceased, and there is no change in the medical opinion of the deceased or the merger of high blood pressure and urology and urology after the cerebral transfusion of 1996.

When the state of aggression continues for a long time, various internal mergers such as pulmonary dypitis, hypitis, bathing hold, and chyposis can be accompanied by chyposis, and the risk of death will be increased as a result of the fyposis or pulmonary dyptyposis.

[Ground of recognition] In the absence of dispute, Gap evidence 4-1, 2, Gap evidence 5, Gap evidence 6-1, 2, Gap evidence 7, Gap evidence 8-1, 2, Gap evidence 8-2, Gap evidence 9-1, 2, Eul evidence 10, Eul evidence 2-2, Eul evidence 2, Eul evidence 3, the result of entrustment of appraisal to the President of the Korean Medical Association.

C. Determination

According to the above facts of recognition, it is difficult to view that the deceased died from her own dule due to dule because it is merely 52 years of age at the time of death, considering the average life expectancy, etc. of the deceased, considering that the deceased was merely an ordinary person’s dule. In such a case, the deceased’s body was reduced due to her occupational accident caused by cerebrovassis, and the body was accompanied by various internal and internal mergers and symptoms, and the risk of death was high. As such, the deceased’s stress continues for a long time, and it is difficult to find other causes to cause the death of the deceased. In light of the above, the deceased’s dule witness’s high blood pressure aggravated, and the deceased’s treatment and management of the deceased’s dulea cannot be deemed to have been neglected solely on the ground that there was a sudden causal causal relation between the death and the dule caused by her occupational accident.

Therefore, it is unlawful for the Defendant to take the instant disposition on the premise that the death of the deceased does not constitute an occupational accident, even though the death of the deceased is a considerable extent between the aftermathic disability caused by cerebrovascular, and the death of the deceased, and thus, constitutes an occupational accident.

3. Conclusion

Thus, the plaintiff's claim of this case is reasonable, and it is so ordered as per Disposition.

shall be ruled.

Justices Kim Jong-hwan

Judges Park Chang-soo

Judges Park Sung-sung