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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. B (C) On May 30, 1997, when entering a company D, which is engaged in the business of manufacturing stone and stone stone products, was used in brain color around September 22, 1998, while serving as a production worker.
(hereinafter referred to as “first accident”). B received medical care benefits from September 25, 1998 to July 17, 2002 due to the recognition of the first accident from the Defendant as an occupational accident, and then received a decision of class 2 subparag. 5 of the disability grade (it refers to a person in need of constant nursing care from time to time due to a significant obstacle to the function or mental function of the neurosis).
B. B, at home on October 6, 2014, she experienced pulmonary part of rice liquor, which was drinking rice, and died around 08:05 on October 13, 2014, when he was sent to a hospital and received treatment.
C. On October 28, 2014, the Plaintiff, a spouse of the deceased B (hereinafter “the deceased”), applied for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on November 17, 2014, the Defendant notified the Plaintiff of the decision not to pay survivors’ benefits and funeral expenses on the ground that “the cause of death of the deceased is deemed to have died of an contingent accident unrelated to the approved branch rather than the aggravation of brain color, the deceased deceased.”
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In around 1998, the Plaintiff asserted that the deceased suffered from the first cerebrovascular disease, and that the cerebrovascular disease occurred in around 2008 due to the influence of the above cerebrscular outbreak, which affected the occurrence of symptoms, such as double cerebrssis disorder.
In addition, the deceased has been affected by dementia due to the aggravation of the first brain color, which is a disaster, and due to this, food search has been caused to the extent that food saving would become safe.
However, it is difficult for the deceased to fluorize the body of the deceased due to dementia, which caused the dratity of the body of the deceased to fluorize fluence.