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(영문) 대전지방법원 2016.10.27 2013구단1411
미지급보험급여부지급처분취소
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 May 21, 201, the Plaintiff’s spouse (hereinafter “the deceased”) suffered from occupational accidents and received medical treatment with the Defendant after obtaining medical treatment approval. On November 16, 2012, the Plaintiff was diagnosed as “cerebrovascular” after being transferred to an emergency hospital of the Daejeon District University University Hospital, and was transferred to the hospital located in the Cheongju on November 17, 201, and died of cerebrovascular around 17:12.

B. On December 17, 2012, the Plaintiff filed an application for payment of disability compensation with the Defendant on the ground that the Plaintiff ought to pay disability compensation to the Plaintiff who succeeded to the claim for disability compensation by the deceased.

C. On February 13, 2013, the Defendant rendered a disposition on the part of the Plaintiff to pay disability benefits (hereinafter “instant disposition”) on the ground that the deceased’s injury and disease cannot be deemed fixed before the deceased’s death. As such, the Defendant did not constitute disability benefits.

The plaintiff filed a request for review, but was dismissed on June 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7 (including paper numbers), Eul evidence 1, 2, 3 (including paper numbers), Eul evidence 4-1, 2, 3, and the purport of the whole pleadings

2. The Plaintiff asserted that the period of the medical care approved by the Defendant was up to December 31, 2012. In light of the fact that the period of the medical care was scheduled to claim compensation upon the termination of the period of the medical care, and that the deceased was subject to outpatient treatment, physical therapy, and pharmacologic treatment until November 16, 2012, the deceased died during the period of the medical care, and there is no reason to distinguish whether the deceased died during the period of the medical care, and whether the deceased was fixed as a wound, such as cure of the injury or aggravation of the symptoms, and as such, the deceased had already been dead at the time of the death of the deceased, the claim for compensation for disability under class 12(10) was made against the deceased at the time of his death.

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