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(영문) 서울행정법원 2019.07.04 2017구합52276
유족급여 등 부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Circumstances and details of the disposition;

A. The Plaintiff’s husband B (hereinafter “the deceased”) suffered an injury or disease, such as “the 12 chest release frame,” due to an occupational accident that occurred on December 18, 1993 while serving in C Co., Ltd.

B. On June 28, 2016, the Deceased was dead of her direct death, i.e., her “maternal dyeculsis” and her inter-cell cancer, her middle line event, from among the liver cell cancer discovered around August 2015.

C. After the deceased’s death, the Plaintiff requested the Defendant for the payment of bereaved family benefits and funeral expenses on the ground that “the deceased was infected with C-type hepatitis due to blood from surgery performed on March 21, 2008 during the treatment due to an occupational accident approval disease, and the cell cancer was caused by such C-type hepatitis and died.”

On November 14, 2016, the Defendant rendered a decision on the payment of bereaved family benefits and funeral site expenses for the following reasons:

(hereinafter “instant disposition.” The Plaintiff asserted that the deceased was infected with C-type hepatitis due to blood transfusiond on March 21, 2008.

However, as a result of the review of medical records and health insurance medical care benefits, it is confirmed that the deceased had already received medical treatment from February 28, 2008, which was before the right-to-hand alley surgery on March 21, 2008, due to chronic liver infections, and that it had already been chronic C infections from a prosecutor conducted on March 20, 208, which was the day before the above operation was conducted.

In the medical record of March 20, 2008, although the time of the first detection of chronic hepatitiss is confirmed, the time of infection and the cause of infection cannot be known, there is no objective and apparent ground that infection C in the process of treating diseases approved for additional medical care, there is no clear evidence that there is infection through blood in the process of performing an industrial accident-related disease surgery, and it is difficult to recognize the causal relationship between the approved branch and the cause of death in view of the record that there is medical treatment for diseases unrelated to the industrial accident-related disease.

Hepatitis C of the deceased.

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