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(영문) 부산지방법원 2015.08.26 2014구단20364
요양불승인처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On January 19, 2013, while the deceased C (hereinafter “the deceased”) was employed by D and worked from the Fspland located in Kimhae-si to Sejong-si, the deceased C (hereinafter “the deceased”) was discovered to have lost the awareness of the deceased in the room of the Fspland and was transferred to the hospital.

B. On May 13, 2013, the Deceased was diagnosed by the Defendant, “viral viral brain infection, congested fluoral fluoral brain damage, and pulmonary pulmonary Bribery” (hereinafter “the instant injury and disease”), and filed an application for medical care benefits with the Defendant as the injury and disease. However, on November 14, 2013, the Defendant rendered the instant disposition non-approval of the application for medical care benefits on the ground that proximate causal relation between the instant injury and the deceased’s duties is not recognized.

C. On February 5, 2014, the Deceased filed a petition with the Industrial Accident Compensation Insurance Review Committee for review seeking revocation of the disposition of non-approval of the above medical care, and the Industrial Accident Compensation Insurance Review Committee rendered a ruling dismissing the above claim on May 15, 2014.

On June 24, 2014, the Deceased died, and the direct death indicated in the death diagnosis report is “defluence” and the cause thereof is indicated as “fluence of the funeral period”.

E. Meanwhile, Plaintiff A is the deceased’s wife, and Plaintiff B is the deceased’s children.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 9, 15, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion that the deceased is high.

In FSspland, which is an underground bath that does not have damp and no windows, has been working for three months from the world, and was in a physical and mental state with cleaning the bath in addition to the three business as well as the three business.

As a result, the deceased has been infected with viral viral brain infection and became in a congested state due to such extreme state.

Nevertheless, the deceased did not drink more than 36 hours in a mixed water condition.

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