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(영문) 서울행정법원 2017.04.13 2015구합74753
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. On January 23, 1995, the Plaintiff’s husband’s deceased B (CB, hereinafter “the deceased”) was a person working in the Red Raraionion Co., Ltd., and was approved by the Defendant for medical care due to Eulphan addiction (mane, high blood pressure, cardiopathic pathic pathic pathic pathic pathic pathic pathic pathic pathic)

B. On February 27, 2015, at around 05:00, the Deceased was found to be a shotle adjacent to the entrance of the Ethmpis located in Boan-si, 09:09 on the same day. At the time of discovery, the first aid team of the F119 Safety Center called to the site at the f.19 Safety Center, which was called to the site, was found to be a shotle, at around 09:09 on the same day.

On the other hand, it is stated that the cause of death in the autopsy report on the deceased is presumed to have been lost on the road, and that the type of death is the external personnel and external personnel.

C. The Plaintiff claimed for the payment of bereaved family’s benefits and funeral expenses to the Defendant on the ground that the deceased’s death was the death caused by an occupational accident. However, around July 2015, the Defendant rendered a decision on the payment of the bereaved family’s benefits and funeral expenses on the ground that two minor damage, which is the cause of the death of the deceased, was crashed and that the cause of fall

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, 3, and Eul evidence Nos. 1, 2, and 5, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was diagnosed on January 23, 1995 with Eulphane addiction, multi-fluoral typhical typhism, change in the right side, the right side (defluorine) and mixed cluorite on February 27, 2015, and had been under medical treatment for about 20 years and 11 months until the death of the deceased, and had been cured, and the treatment was continued due to the outbreak of two copies and fluoral typhism during normal life, and the deceased’s representative symptoms of Eulphical typhism, two fluora, and in particular, the deceased’s representative symptoms of fluoral typhism, two fluora, and one another.

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