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(영문) 대구지방법원 2016.09.30 2015구합21270
유족급여 및 장의비 부지급처분 취소
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. B around 15:00 on September 21, 2001, from the roof board of C at C at C construction site, occupational accidents falling short of the center while removing the roof board (hereinafter “the instant accident”). Around that time, the Defendant died at D Hospital on June 25, 201, where the Defendant received medical treatment with the medical care approval from the injury of “the personality caused by dystrophal etrophal etrophal ephy, the left upper part of the upper part of the upper part of the bar, the ephal ephal ephal ephal ephan, the ephal ephal ephal ephal ephal ephal ephal ephy, the ephal ephal ephal ephal ephal ephal ephal ephy, and the ephal ephal ephy.

B. On July 1, 2014, the Plaintiff, the wife of B (hereinafter “the deceased”), claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. On August 14, 2014, the Defendant rendered a decision on the site pay for survivors’ benefits and funeral expenses to the Plaintiff on the following grounds:

(hereinafter referred to as the “instant disposition.” The Hemphical shock is presumed to be the cause of the deceased’s death, which is caused by immunity related to the inter-cell cancer, and the outbreak of the inter-cell cancer is presumed to have occurred due to the natural progress of the state of king’s anti-pactitis B, and there is no medical proximate causal relation.

Therefore, the death of the deceased is not recognized as a proximate causal relationship with the previous branches of the case.

C. The Plaintiff appealed and filed a request for review on October 29, 2014, but was dismissed on December 16, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 12 and 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In order to recognize the Plaintiff’s assertion as “occupational accident” under Article 37(1) of the Industrial Accident Compensation Insurance Act, there should be a causal relationship between the business and the disaster. The existence of such causal relationship should be determined by the existence of proximate causal relationship from a normative point of view. The Deceased from around 201 to around 2014.

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