logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.11.27 2014구합69495
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 August 201, 2001, the Plaintiff’s husband’s deceased B (hereinafter “the deceased”) was used in a dormitory in the factory and sent back to the hospital on February 3, 2004 while working in D, and was diagnosed as “the instant injury and disease after brain death” (hereinafter “the instant injury and disease”).

B. On December 8, 2006, the Deceased received medical care approval for the instant injury and received medical care until December 3, 2006, and was determined by class 3 subparag. 3 of the disability grade (a person whose disorder in the function or mental function of the neurosis is not able to engage in labor for life) and was located at his own home, and was transferred to an emergency room on August 24, 2013, and was already dead.

The death diagnosis is a direct death certificate, which is a "marction certificate" of a direct death.

C. The Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death was caused by an occupational accident. However, on November 26, 2013, the Defendant rejected each of the above claims by the Plaintiff according to the Plaintiff’s opinion of advisory advice that “the deceased’s private person is presumed to be a serious fluorial color, which is low in relation to the deceased’s private person, and it is reasonable to deem that the death

(hereinafter “instant disposition”) D.

The plaintiff filed a request for examination against the defendant, but was dismissed, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination, but was dismissed on July 10, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the disease of this case occurred and died due to the heart color that caused the prolonged use of drugs or the increase of weight due to the disorder of controlling the ability to take food in the process of the treatment, so there is a proximate causal relation between the death of the deceased and the occupational accident.

(b)a recognition;

arrow