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(영문) 서울행정법원 2020.01.17 2019구합57084
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 August 7, 2009, the deceased B (Cre, hereinafter “the deceased”) showed and used food disorder while withdrawing the surface of the water at a lodging room. On the other hand, the deceased’s disease at the time was recognized as occupational accident and received medical care decisions from the Defendant.

B. In addition, on August 20, 2010, the Deceased obtained additional approval from the Defendant as the “Dementia due to cerebral Injury”, on March 26, 2013, on August 3, 2017, and on August 3, 2017, on the part of the Defendant for an occupational accident.

(hereinafter referred to as “instant approved injury and disease” in paragraphs (a) and (b) above, and among them, the approved injury and disease in the above paragraph (a) above is referred to as “instant approved injury and disease,” and the approved injury and disease in the above paragraph (b) above is referred to as “instant approved injury and disease,” and “the instant additional approved injury and disease.”

On August 31, 2011, the deceased closed medical treatment for part of the approved disease of this case, and received a disability pension according to the second grade 5 of the disability grade.

On February 5, 2018, the Deceased started hospital treatment on the ground of the symptoms, etc. such as the food bath, pedestrian disability, and the shot of horses, but eventually died on March 2, 2018.

The direct deathist in the deceased's death report is a multi-dived long-term part.

E. On March 20, 2018, the Plaintiff, a spouse of the Deceased, asserted that the death of the Deceased constituted an occupational accident and claimed the payment of bereaved family benefits and funeral expenses to the Defendant.

On May 18, 2018, the Defendant’s medical opinion, etc. on the ground that “In light of the Defendant’s advisory doctor’s medical opinion that the urology, chronic kidney disease, which is an existing disease of the deceased, died due to acute and chronic dysium, it is difficult to view that there exists a causal relationship between the deceased and the approved branch of the instant case and the deceased’s death.”

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