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(영문) 서울행정법원 2018.05.31 2017구합82147
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 deceased B (hereinafter “the deceased”) who is the spouse of the Plaintiff is a person who was employed by D Co., Ltd. (hereinafter “instant company”) on June 28, 1996 and worked in the business management team of the management support room from February 11, 2008.

B. On December 7, 2013, the Deceased occurred from the heat, straw, and fluor, and thereafter the heat continued, and the black side was observed.

The Deceased was hospitalized in the E Hospital on December 28, 2013, but did not receive accurate diagnosis of the name of the deceased.

망인은 2014. 1. 8. F병원으로 전원하였고, 2014. 1. 20.경 바이러스 검사결과 엡스타인-바 바이러스(EBV; Epstein-Barr Virus) 양성반응이 확인되었으며, 2014. 2. 2.경 비호지킨 림프종(non-Hodgkin‘s lymphoma) 진단을 받고 치료받던 중 2014. 2. 16. 02:53경 사망하였다.

The death diagnosis report on the deceased is written by NK/Tll Lyphoma, hereinafter referred to as the “instant injury and disease”).

C. On February 10, 2017, the Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. Accordingly, on July 26, 2017, the Defendant rendered a decision on the payment of survivors’ benefits and funeral expenses on the ground that “it is difficult to recognize that a forest is infected with viruses due to infection due to reasons, such as overwork, stress, and mycoi, when comprehensively examining the findings of fact-finding and the results of deliberation by the Determination Committee on Determination of Diseases and Diseases.”

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] The entry in Gap's Evidence Nos. 1, 2, 5, and 10, Eul evidence Nos. 9, 14, and 15 (including each number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Although the cause of the outbreak of the instant injury, which is a private person of the Plaintiff’s assertion, is not clear, it is generally known that the immunity function has been deteriorated for the patients.

On March 2012, the Deceased filed a complaint against a tort relating to the creation of large-scale funds by the president of the deceased.

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