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(영문) 서울행정법원 2016.09.29 2015구합71204 (1)
유족급여 등 부지급처분취소 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On January 10, 202, the deceased B (hereinafter "the deceased"), who is the husband of the plaintiff, was receiving the approval of the injury and injury of the "hovascular brain color" due to occupational accidents that occurred while working at the construction site of multi-family housing (hereinafter "the injury and disease of this case"), and started medical treatment on December 31, 2006, and began to receive the disability pension from January 5, 2007 after receiving the decision of grade 2 subparagraph 5 of the disability grade.

Since then, the deceased was receiving rehabilitation treatment at the Incheon Hospital of Korea Workers' Compensation and Welfare Service. On March 24, 2015, the deceased was discovered at home around 03:40, and was transferred to the D Hospital’s emergency room. After that, the deceased was returned to the Central Hospital. After that, the deceased’s condition aggravated, which was being treated in the E-convalescent hospital, died of the deceased’s direct death, “cerebrovascis”, and “cerebrs aftermascis,” which was an intermediate preemptive event.

On April 6, 2015, the Plaintiff asserted that the deceased’s death was an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on May 18, 2015, the Defendant rendered a disposition of survivors’ benefits and funeral site pay (hereinafter “instant disposition”) on the ground that “the cause of the deceased’s death (the cause of the deceased’s death on the part of the upper region of the upper region) is not recognized as a proximate causal relationship between the deceased’s death.”

[Based on recognition, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1, 7, 9 through 11, and the purport of the entire pleadings and the purport of the entire argument of this case is legitimate. The plaintiff's assertion that the disposition of this case is legitimate was unable to lead an independent pedestrian and basic life with a disability caused by the disease of this case. Since physical and mental stress was accumulated for more than 10 years, physical exemption function was reduced, and accordingly, the plaintiff died on the left-hand brain color caused by the merger witness's heart movement.

Judgment

The "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act is based on the worker's performance of duties.

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