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(영문) 서울행정법원 2015.06.19 2013구합62503
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on November 16, 2012 as bereaved family benefits and funeral expenses shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B, as a stone hole on December 21, 201, while performing the work of attaching a artificial stone at a height of 1.8 meters at the construction site of a steel tank for the thermal effluent pumping station of the Daseong Construction Co., Ltd. on the ground of the construction site of a steel 1.8 meters high, the steel dust plate collapseed into the floor, crashed into the floor, and both arms were cut off on both sides by cutting the right face of the floor.

(hereinafter “instant disaster”). (b)

B, due to the instant accident, the disease was diagnosed by the so-called “the so-called “the so-called “the so-called death of this case”, and was discovered on May 11, 2012 at around 23:30, while receiving medical care on May 23, 2012 at a point of 50 meters from the entrance of the So-dong, Seo-dong, Seoul Special Metropolitan City, the Do-dong, Seog-dong, the Do-dong, the Do-dong, the Do-dong (hereinafter “the so-called “the death of this case”).

C. B was treated with mental health as follows between 2004 and 2006 prior to the instant disaster, and the Defendant’s advisory opinions expressed that it cannot be recognized as an occupational accident on the grounds that the personal vulnerability caused by the death of the deceased due to the depression of the past was the cause of the instant death, based on such medical treatment.

From November 16, 2004 to January 31, 2005, Cpsychotropic Medical Center (Two times): Mag-silovas Disease in Do, from February 16, 2005 to August 18, 2006, Magwon (nine times in case of a Tongwon): Non-toxicized Non-Disciologicosis, Mag-si, Mag-si, Mag-si, from March 29, 2005 to April 1, 2005 (two times in case of a Tongwon): Mag-si Hospital in Seoul on February 20, 2006 to July 1, 2006 (two times in case of a Tongwon): Mag-si, Mag-si, Seoul on February 20, 2006 to Mag-si, Mag-si, Seoul on March 26, 2006.

D. On November 16, 2012, the Defendant, the spouse of B (hereinafter “the deceased”), was the Plaintiff, who was the deceased’s spouse, and the deceased’s death was caused by self-harm as well as by depression, etc. before the instant accident, and there was no objective basis to recognize the medical causal relationship between the cause of self-harm and the occupational injury and injury. Thus, the bereaved family’s benefits and funeral expenses cannot be found.

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