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(영문) 서울행정법원 2014.02.20 2012구합31366
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 31, 200, the Plaintiff’s husband B (CB, hereinafter “the deceased”) was used in brain color while working in the Busan Agricultural Co., Ltd.’s joint market for agricultural products and provided medical care until October 31, 2005, and was subject to the disability grade disposition of class 5(8).

From 2006 to June 201, the Deceased has been treated with high blood pressure, urology, etc.

B. After October 4, 2011, the Deceased was used as a spatise at his own home and was transferred to D Hospital. However, at the time of transfer to the hospital, the Deceased had not been pulmon and beebling.

E medical doctor F stated the deceased's direct death on the body of the deceased in the body examination report, and stated the deceased's direct death on the body examination report as brain stroke (the presumption of brain stroke).

C. On November 17, 2011, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses, alleging that there exists a proximate causal relationship between brain death recognized as an occupational accident and the deceased’s death. On the ground that “the instant disposition is rendered against the Plaintiff on the ground that there was no complication related to brain death due to a merger of brain flasing, and there was no complication related to the brain flasing, and that there was an existing disease, such as high blood pressure urology, and that there was a high possibility of heart death, and that there is no proximate causal relationship between brain flascing and the deceased’s death, which is approved as an approved injury of the deceased (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, and 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was brain colored on the deceased, and the deceased appealed on the day of his death, and the size of the dynamics on the left and the right at the time of his death was different, the deceased did not have any record of treatment due to the heart disease, and even if the deceased died due to the heart disease, it appears that the brainal disorder caused a serious impact.

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