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(영문) 서울행정법원 2016.11.24 2016구합55650
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. At around 10:00 on August 30, 1998, B, the husband of the Plaintiff, was diagnosed by the Defendant as an employee belonging to the Dongbu Construction Co., Ltd. on the ground of a bridge collapse accident (hereinafter “instant accident”) and was subject to a disposition of disability No. 5-8 of disability grade 5 on April 29, 200, after receiving medical treatment approval from the Defendant and closing the medical treatment.

B. At around 12:30 on September 3, 2015, B was found to have died from carbon poisoning by avoiding carbon from a home-based underground room, and was found to have died from carbon poisoning.

(hereinafter referred to as “the deceased”). (c)

On December 22, 2015, the Plaintiff filed a claim with the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s suicide was caused by uneasiness, depression, etc. after the outbreak of the instant approved disease. On December 22, 2015, the Defendant rendered a decision not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the deceased was suffering from a pain caused by the instant approved injury, and that the chronic disease, such as the deceased, is known to have a high rate of depression and to have a significant impact on the suicide accident. At the time of the instant accident, the deceased was 56 years of age. As such, the deceased’s age at the time of the instant accident, the level of risk of the occurrence of depression by the deceased is increasing, and the deceased actually complained for a continuous depression after the instant accident.

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