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(영문) 서울행정법원 2016.10.20 2015구합69058
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 July 6, 2013, the Plaintiff’s husband’s husband (hereinafter “the deceased”) took care of the injury and disease as a result of having been approved by the Defendant as an occupational accident on October 10, 2013, and was determined as “persons whose labor remains considerably limited to the function of the neurosis,” under class 15 of the disability grade No. 9, on September 20, 2014.

B. On November 11, 2014, the Deceased died. On the corpse autopsy report on the deceased, the cause of the direct death is indicated as “patch blood transfusion”, “waste farming, an empty blood transfusion”, “waste farming, and the cause of an empty blood.” The cause of an empty blood is indicated as “debris,” and the other physical conditions unrelated to the said disease are indicated as “high pressure or stroke,” and is indicated as “high pressure or stroke.”

C. On April 27, 2015, the Plaintiff claimed that the deceased’s death constituted an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on May 18, 2015, the Defendant may regard the waste collection, which became the cause of the deceased’s death, as a re-refluence within three months from the time of the removal; however, on July 6, 2013, which was one year and three months before the death of the deceased, the treatment was performed only for a period of one medical care immediately after the death of the deceased, and the treatment was performed without the left-hand opinion at the time of the completion of treatment on September 20, 2014, deeming that the treatment was a defluence, not re-fluence, and that the waste collection, which was the cause of the death, was based on the pulmonary collection of waste, and that the first proximate causal causal relation between the death and the injury’s disease and the injury’s injury’s first injury without the consent of the head of the deceased’s disease.

(hereinafter referred to as the "disposition in this case"). [Grounds for recognition] There is no dispute, and Gap evidence Nos. 1, 2, and 7 (including paper numbers).

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