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(영문) 서울행정법원 2020.12.17 2018구합85167
유족급여 등 부지급 처분 취소
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 referred to as "the deceased") worked as a researcher belonging to the D University Industry-Academic Cooperation Foundation from May 24, 2006 to May 28, 2010, and was diagnosed as "cerebral typhism by the Anthromothal typosis" on May 28, 2010, and was diagnosed as "cerebral typhism by the Anthal typhal typosis" and was determined as class 2-5 of the disability grade after medical treatment until August 29, 2014.

The plaintiff is the deceased's spouse.

After completion of the medical care, the deceased was treated as “the sacrine sacrine sacrine sacrine sacrine sacrine sacrine sacrine sacrine sacrine sacrine”

In December 2017, the Deceased was treated by F Hospital, and discharged on January 2018 and received outpatient treatment.

On March 31, 2018, the Deceased was found to have died on his home located in the original city.

The Plaintiff asserted that the death of the deceased constitutes occupational accidents, and claimed the payment of survivors’ benefits and funeral expenses to the Defendant.

However, on September 28, 2018, the Defendant notified the Plaintiff of the decision to refuse the claim on the ground that the cause of death of the Deceased is not clearly identified.

(hereinafter “Disposition of this case”) (hereinafter “instant disposition”) is without dispute, Gap evidence 1 through Eul evidence 3, Eul evidence 1 through Eul evidence 3, and the purport of the entire pleadings of this case is legitimate, and the plaintiff’s assertion as to whether the disposition of this case is legitimate as to whether the disposition of this case is legitimate or not shall be discharged on the basis of medical judgment that the person who was used in occupational accidents on May 28, 2010 and was discharged from the hospital, and that the person who was discharged from the hospital does not receive a more treatment for post-treatment, and thus, there is a proximate causal relation between the deceased’s death and his/her duties.

Since occupational accidents under the Industrial Accident Compensation Insurance Act refer to accidents caused by an employee's work while performing his/her duties, there is a proximate causal relation between the work and the accident.

In such cases, the causal relationship between the worker's work and accident shall be established.

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