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(영문) 서울행정법원 2017.12.07 2016구합82515
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. The plaintiff is the spouse B.

B was recognized as an occupational accident on January 18, 2006 due to a crashed accident, which occurred in Hyundai Fenna Co., Ltd. (hereinafter “instant approved injury”).

B. B around March 8, 2016, the private person described in the death diagnosis certificate issued by the C/C hospital was killed on April 23, 2016 (hereinafter “the deceased”) and the private person described in the death diagnosis certificate issued by the C/C hospital, among the private persons who were within the offset hospital emergency room and received hospital treatment after being hospitalized.

(a) A humphalopsis caused by the pulmonary brain injury (d)(c)(b) to cause a direct death suspension (b) to cause the pulmonary brain damage (c).

C. The Plaintiff claimed the payment of bereaved family’s benefits and funeral expenses on the ground that the deceased’s death was caused by the instant approved injury. However, on September 5, 2016, the Defendant determined the amount of bereaved family’s benefits and funeral funeral expenses against the Plaintiff on the ground that “the deceased’s death was caused by lung cancer, and it is difficult to recognize the causal relationship between the deceased’s death and the approved injury and the deceased’s death.”

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, and No. 1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 26, 2008, the Plaintiff’s assertion was determined as having disability 1 at the time of the completion of the medical care on or around June 26, 2008, and continued to receive medical treatment related to brain diseases. At the time of the above death, the brain disease aggravated, resulting in the death of the plant and the respiratory part.

Ultimately, the Repulmonary part of the Deceased is due to brain damage caused by the approved injury of this case, and there is a proximate causal relation between the death and the work of the Deceased.

B. Article 5.1 of the Industrial Accident Compensation Insurance Act.

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