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(영문) 서울행정법원 2015.01.22 2014구단10175
요양불승인처분취소
Text

1. The Defendant’s disposition of non-approval of medical care rendered to the deceased B on January 9, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of disposition;

A. On August 1, 2013, the Plaintiff’s husband deceased B (C) served in the construction site of the Heung-si D New Construction Site (hereinafter “the construction site of this case”). On August 17, 2013, the Plaintiff’s husband was diagnosed as “the heart color of the rise in the ST Sector”, “the heart color of the rise in the ST Section 1, detailed unknown heart color, and double blood transfusion” (hereinafter “the injury of this case”). On November 14, 2013, the Plaintiff claimed a occupational accident and filed an application for medical care benefits with the Defendant.

B. On January 9, 2014, the Defendant issued a non-approval disposition (hereinafter “instant disposition”) on the ground that the change of the working environment, the unexpected situation, stress, etc. likely to contribute to a cardio-cerebrovascular disease may not be verified, and that the occurrence caused by the natural aggravation of the personal disease is deemed to have been caused due to the occurrence of the natural aggravation. On April 17, 2014, the Industrial Accident Compensation Insurance Reexamination Committee rendered a ruling dismissing the deceased’s request for reexamination. On February 27, 2014, the deceased died due to the suspension of cardio-pulmonary function due to the instant injury.

[Ground of recognition] The fact that there has been no dispute, Gap evidence 1 through 4 (including a paper number, hereinafter the same shall apply), the purport of whole pleadings

2. As long as the instant disposition was taken against the deceased’s application for medical care, the Defendant’s defense that the Plaintiff’s legal interest in seeking revocation is not a party’s standing.

However, in cases where a beneficiary of the insurance benefits under the Industrial Accident Compensation Insurance Act dies, the entitlement to the insurance benefits which have not yet been paid to him shall be succeeded to by the bereaved family in the order set forth in the Industrial Accident Compensation Insurance Act, and in cases where a lawsuit is brought to seek revocation of the disposition with respect to which the entitlement to the insurance benefits should not be paid, the legal interest in seeking revocation of the disposition shall be applied

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