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(영문) 창원지방법원 2014.11.12 2014구단152
유족급여 및 장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The deceased B (hereinafter “the deceased”) who is the husband of the Plaintiff was on August 6, 1982, serving as the Jinhae viewing D, and on March 7, 2001, upon the occurrence of “brain color,” which was recognized by the Defendant as an occupational disease before receiving medical treatment until February 9, 201, and received disability benefits.

On June 21, 2012, the Deceased was treated by being diagnosed as “scarbly pressured pressured” due to a traffic accident corresponding to the truck drivened by 10:21 on June 21, 2012, and was hospitalized.

7. 27. The diagnosis of “waste” was conducted.

After that, on October 16, 2012, the Deceased died of “waste” as a direct death, around 10:21.

Accordingly, on November 29, 2012, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes occupational accidents. However, on January 7, 2013, the Defendant rendered a land-based disposition on the ground that there was no proximate causal relation with the brain death, which was the first approved injury.

(hereinafter “instant disposition”). Although the Plaintiff filed a request for review against the instant disposition, the Plaintiff was dismissed on July 2013, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, it was dismissed on November 14, 2013.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2 (including the number of partial heading, hereinafter the same shall apply), Eul evidence Nos. 1 and 3, the summary of the plaintiff's assertion of legitimacy of each of the dispositions stated in Eul evidence Nos. 1 through 3 was treated with brain color, which is an occupational disease for about 11 years. At the time of completion of treatment, serious post-treatment was recognized, such as cerebral dementia, verbal disorder, hearing disorder, and lack of ability to walk due to the left-hand anti-social behavior, and reduction of physical ability.

Even after the completion of cerebrovascular treatment, the deceased has endeavored to treat the aftermathy without interruption. However, the body was weak due to the above aftermathy and the immunity was deteriorated.

Therefore, the chest pressure pressure of the deceased's traffic accident is not a direct cause of death, but a long period of time.

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