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(영문) 서울행정법원 2017.12.07 2015구합66592
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. The Plaintiff’s husband’s husband’s net B (CB, hereinafter “the Plaintiff’s husband”) worked from Dane to Dane (4 years and 11 months) from February 9, 1980 to January 31, 1985.

B. On May 29, 2013, the Deceased attempted suicide by drinking an agrochemical (Satopy oil) at home on May 29, 2013, and received treatment after being transmitted to E Hospital, but died at around 14:15 on the same day.

(hereinafter “the instant suicide”). C.

The Plaintiff asserted that the death of the deceased constitutes an occupational accident and filed an application for the payment of survivors’ benefits and funeral expenses with the Defendant. On June 2, 2014, the Defendant decided that the deceased’s death does not pay survivors’ benefits and funeral expenses on the ground that it is not recognized as an occupational accident, as a result of the request for deliberation by the advisory society by considering the background leading up to the accident, medical opinions, etc. as to whether the deceased’s death constitutes an occupational accident. As a result, the deceased’s death is a medical opinion with the assent of all, that it is highly related by brain fluencing that the death was not related to the suicide caused by depression that occurred after pneumoconiosis, rather than to be related

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for review to the Defendant on November 12, 2014, but was dismissed on November 12, 2014, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination on April 14, 2015.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 13 to 17, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion falls under a case where a person receiving medical care due to pneumoconiosis, etc., which is an occupational accident, does self-harm in a state of mental disorder caused by the occupational accident, or where it is medically recognized that self-harm in a state of mental disorder caused by the occupational accident, and thus, the deceased’s death constitutes an occupational accident, and thus, the instant disposition on a different premise is unlawful.

(b) relevant legislation;

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