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(영문) 서울행정법원 2017.02.10 2016구합2069
유족급여및장의비부지급처분취소
Text

1. On February 23, 2015, the disposition that the Defendant rendered to the Plaintiff on February 23, 2015 as bereaved family benefits and funeral expenses shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. B (C) who is the spouse of the Plaintiff during the course of the disposition, died of the transfer to a hospital due to the injury or disease, such as balle, right-hand flady, flady, flady, flady, personality disorder, etc. (hereinafter “first approved injury or disease”), after being subjected to the second grade determination of the disability grade due to a disaster that occurred around July 28, 1995 (hereinafter “first approved injury or disease”). At around 12:16, December 16, 2014, as the

On February 23, 2015, the Defendant rendered a decision on February 23, 2015 on the payment of bereaved family benefits and funeral expenses to the Plaintiff on the ground that the causal relationship between the death and the disaster on July 28, 1995.

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. As to the legitimacy of the instant disposition, the death of the deceased was unexploited on the body examination report on the deceased, and no more private person was discovered, such as the autopsy of the deceased’s body.

However, according to the following facts and circumstances, proximate causal relation can be acknowledged between the death of the deceased and the first approving branch in accordance with the results of the appraisal commission for the head of the relevant court's netcheon-do University, Seoul Hospital, and the following facts and circumstances, the instant disposition is unlawful.

① From July 29, 1995 to February 2, 1997, the Deceased received medical care benefits due to injury or disease, such as fluoral wind, right upper half part of the body, fluoral rain, fluoral rain, personality disorder, language disorder, etc., and received disability pension after being determined as class 2 of the disability grade due to the left-hand brain color, etc.

In around 2004, the Deceased was provided with multi-cerebral brain color, etc. on four occasions ( May 2012, February 2013, June 2013, February 2014, February 2014), and was provided with medical treatment from around 2005 due to high blood pressure, culposis, etc.

In addition, it is immediately before death due to diversified brain color, etc.

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