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(영문) 인천지방법원 2018.10.11 2018구합51441
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The background B of the disposition (hereinafter “the deceased”) was diagnosed as brain flag on June 25, 2005, when working for a limited elevator parts company (hereinafter “the first injury and disease”), and was diagnosed as having received the Defendant’s medical care approval under the Defendant’s medical care approval. On June 14, 2006, the treatment was conducted under the Defendant’s additional injury and disease approval.

On October 5, 2007, the deceased has completed treatment on October 5, 2007, and the disability pension has been paid according to the disability grade No. 5 No. 8.

On December 15, 2017, the Deceased was transferred to the emergency room of the hospital affiliated with the Dental University on December 15, 2017, and was given medical treatment for alcohol alcohol to the nives of alcohol, but died at the above hospital around 16:40 on December 16, 2017.

As to the cause of the deceased’s death, the deceased’s death diagnosis doctor diagnosed “(a) direct death: pulmonal difficulty; (b) causes of pulmonal disturbance; (c) causes of (b); acute injury; (d) causes of (c) (c); and (d) causes of death of the deceased.”

On January 2, 2018, the Plaintiff filed a claim with the Defendant for the payment of bereaved family benefits and funeral expenses by asserting that it is a de facto spouse of the deceased who has maintained a de facto marital relationship after the consultation with the deceased. On February 23, 2018, the Defendant rendered a decision on bereaved family benefits and funeral expenses (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relationship between the deceased’s first injury and additional injury and death.

[Reasons for Recognition] Gap's evidence Nos. 6, 7, Eul's evidence Nos. 1, 2, 3, 4, 9, and 10, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion suffers from heavy stress due to the first injury, such as paralysis, pain, etc. caused by the injury, and the occurrence of chronic depression and anxiety caused by the additional injury, which led to the occurrence of alcohol dependence on alcohol, and the occurrence of alcohol alcohol ton was caused, and the death caused by alcohol to be caused.

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