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(영문) 서울행정법원 2018.05.31 2017구합1230
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. Since the Plaintiff’s spouse entered Samsung Heavy Industries Co., Ltd. as a special bond on February 6, 1984, the deceased B (hereinafter “the deceased”) was working for D Co., Ltd (hereinafter “instant company”) from December 1, 2013 through Samsung Heavy Co., Ltd. (hereinafter “instant company”).

B. On February 8, 2007, the Deceased Hospital was diagnosed with the Transboundary C, and on May 12, 2015, the Deceased Hospital was diagnosed with the Transboundary Cancer.

C. On June 9, 2015, the Deceased attempted to conduct an operation, but there is a big salvar between the left sides, and even between the right side, the Deceased failed to conduct the operation on the grounds of the salmical species and the salmar on the salmal wave, and began to conduct the operation. D.

On March 1, 2016, the Deceased died on or around 19:08, while receiving bareboat treatment, and the death diagnosis report on the Deceased is written by the direct death person as boom cancer (hereinafter “the instant injury and disease”).

E. On April 2016, the Plaintiff filed a claim against the Defendant for survivors’ benefits and funeral expenses, but the Defendant, on November 30, 2016, rendered a decision on the Plaintiff’s payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that “In the case of the deceased, there is an individual person of the chronic virus B infection, and it is difficult to determine that drinking and stress, etc. caused by duties are not sufficient to provide information on the triggering factors and aggravation factors, thereby affecting the aggravation of the disease, and thus, there is no proximate causal relation between the duties and the death.”

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 through 3; Eul evidence Nos. 1 through 4; the result of the request for appraisal of medical records to the chief of the Korean Medical Association; the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the Plaintiff’s hepatitis B, and is a long-time and night duty, frequent outdoor and drinking for business, stress on personal audit, etc.

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