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(영문) 서울행정법원 2015.10.30 2014구합50125
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. B fell at the construction site on July 14, 1989 (hereinafter “the instant disaster”) and received medical care until April 22, 1991, from the sick and wounded in “the instant injury” (hereinafter “the instant injury”) such as low oxygen brain damage, diversified crypuss (No. 3-10 on the left side), kidneal coordinate, brain salvine, salvine, salvine, salvine, salvine, salvine, salvine, salvinium, and salvine, etc. (hereinafter “the instant injury”). After the completion of the medical care, the medical care was determined under class 1-3 of the disability grade.

B. After that, on May 20, 2012, B was hospitalized in a hospital and received medical treatment, and died on November 10, 2012.

(hereinafter “the instant death”). C.

On February 5, 2013, B (hereinafter “the deceased”)’s spouse, the Defendant rendered a disposition of paying the bereaved family’s benefits and funeral expenses on the ground that “the cause of the deceased’s death is due to the death caused by the left-hand bovine spongiform encephalopathy, and the death caused by the pulmonon and blood transfusion” and that there is no causal relationship between the first accident and the medical opinion of the advisory doctor, etc. on the approval of additional medical care for the occurrence of the first accident, and that the death cannot be recognized due to the occupational accident.”

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for review through a request for review, but was dismissed on October 15, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was caused by the disease of this case caused by the disaster of this case and died of the pulmonary function due to the decline in the overall immunodeficiency function. As such, there is a proximate causal relation between the death of the deceased and the upper branch of this case.

B. On or after November 21, 2002, the date of medical examination and treatment in light of the health insurance benefit content and the name of injury and disease of the deceased are as follows.

- on May 20, 2003: Ethical legacy of cerebrovascular diseases – February 2, 2004: Belgium - from February 23, 2004 to the same year.

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