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(영문) 광주지방법원 2013.06.27 2013구단119
요양불승인처분취소
Text

1. On August 13, 2012, the Defendant’s disposition revoking the disposition of bereaved family benefits and funeral site pay to the Plaintiff on August 13, 2012.

2...

Reasons

1. Details of the disposition;

A. B, on September 24, 1987, entered the Gwangju Factory Co., Ltd. (hereinafter “instant factory”) and worked as a day-to-day shift work system (work at the vehicle painting department for about a period of about 24 years and 6 months), and the head was recommended by C Hospital to diagnose an inter-cell cancer among medical treatment and to provide a superior hospital on February 23, 201, and died as the instant factory on March 24, 201, after receiving the diagnosis and treatment of the inter-cell cancer, at the Ynam University Hospital, the head was recommended by C Hospital to provide a superior hospital with the diagnosis of the inter-cell cancer, and was on a regular leave of absence as of August 9, 2011, while receiving the medical treatment.

B. On December 1, 2011, the Plaintiff, the spouse of the deceased B (hereinafter “the deceased”), asserted that B died of the liver shift work system due to occupational factors, such as exposure to harmful substances, stress on duty, etc., and that the Defendant requested the Defendant to pay survivors’ benefits and funeral expenses based on the Industrial Accident Compensation Insurance Act, but the Defendant made a decision on the payment of survivors’ benefits and funeral expenses on August 13, 201 on the ground that “the occurrence of cell cancer between the deceased appears to have a chronic (non-type)-type hepatitis rather than a chronic relation, according to the results of an epidemiological investigation by the Industrial Safety and Health Institute and the Determination Committee on Determination of Occupational Diseases” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. There may be room to view that the Plaintiff’s poor working environment, such as excessive working hours, work patterns, etc., and excessive occupational stress, etc., caused the deceased’s existing hepatitiss to rapidly aggravated from liver cancer beyond the natural running speed. Even if the primary cause of liver cancer exists even if it overlaps with chronic non-presidential infection, at least the occupationalro or stress.

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