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(영문) 서울행정법원 2015.05.14 2014구합58563
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 October 16, 1982, the Plaintiff’s husband (hereinafter “the deceased”) was appointed as a police official, and was on March 18, 2013 at the Jeondong-gu Police Station C police box as the first team leader, and was diagnosed with brain death on March 18, 2013. On July 11, 2013, the Defendant obtained medical care approval from the Defendant for the above brain death during the period of medical care from March 18, 2013 to March 17, 2015.

B. However, until May 16, 2013, the Deceased provided medical care only on official duties, and thereafter, he/she again provided the same duties as prior medical care for official duties from May 17, 2013.

On June 27, 2013, the deceased completed night duty from June 19:30 to June 28, 2013, and retired from office at around 08:30 on June 28, 2013, and the deceased was diagnosed to have re-explosiond as a result of a medical examination conducted by the E Hospital located in Seo-gu Seoul Metropolitan Government D on June 28, 2013.

망인은 2013. 6. 29. 전북대학교병원에 입원하여 뇌경색에 대하여 치료받다가 반복적인 뇌경색이 암에 동반된 혈액응고 이상에 의한 것인지를 확인하기 위해 2013. 7. 24. F병원에 입원하여 검사를 받았는데 2013. 8. 2. 시행된 시티(CT) 유도 조직검사에서 “원발성 폐암의 전이[폐선암(肺腺癌, 폐의 선을 구성하는 세포에서 발생하는 암)]”로 확인되었다.

C. The Deceased’s function has deteriorated as a result of navigation cancer treatment at the F Hospital, and received preservation treatment.

On August 28, 2013, the Deceased was hospitalized in the H convalescent Hospital G in the Jeonsan-si, Jeonju-si, and received preserved treatment, such as the treatment of the amount of water. On September 13, 2013, the Deceased died with brain fladin.

On September 27, 2013, the Plaintiff claimed compensation for bereaved families to the Defendant.

However, on October 21, 2013, the Defendant issued a disposition on the compensation for survivors’ compensation land on the ground that “the cause of death of the deceased is a lung cancer, and it cannot be deemed that the deceased died of a disease caused by occupational negligence or stress, and thus, it cannot be deemed that the deceased died of a disease caused by official duties.”

hereinafter referred to as "the case."

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