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(영문) 서울행정법원 2020.06.26 2018구합87507
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 March 29, 1993, the deceased B (hereinafter “the deceased”) obtained medical care approval from the Defendant with respect to brain dystrophism due to cerebral malopty fever caused by an occupational accident (hereinafter “pre-approval injury”). On June 3, 2001, the deceased B was determined as class 3 of the disability grade.

B. The Deceased died on the ground of waste on December 25, 2017, while hospitalized in a hospital due to symptoms, such as heat, boom, and snow death.

C. The Plaintiff, the deceased’s spouse, claimed bereaved family’s benefits and funeral expenses, claiming that the deceased’s death constitutes occupational accidents. However, on May 23, 2018, the Defendant rendered a disposition to determine the amount of bereaved family’s benefits and funeral site expenses to the Plaintiff on the ground that “it is difficult to recognize the proximate causal relation between the deceased’s death and the post-approval.”

(hereinafter “instant disposition”) D.

Therefore, the Plaintiff filed a request for examination with the Defendant, but the Defendant dismissed the Plaintiff’s request for examination on September 5, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was caused by an excessive state between about twenty-four (24) years due to the weather disorder and the subsequent disability that led to the Plaintiff’s assertion. As such, the body function and immunity became weak, and the waste was caused.

Therefore, the death of the deceased due to the convergence, which is an additional disease that has a proximate causal relation with the previous approval branch, should be recognized as an occupational accident.

B. 1) The Deceased was treated as a patient at a hospital from January 2008 to May 201, 2016 on the condition that he/she was hospitalized in a medical institution and received treatment due to his/her acute pressure and high blood pressure heart disease accompanied by his/her heart. 2) The Deceased was hospitalized in a medical institution from June 30, 2016 to July 5, 2016; 3) the Deceased was “pathoty pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary ect.” From July 5, 2016 to July 111, 2016 to “patum pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary urine.”

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