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(영문) 서울행정법원 2016.06.30 2014구합68072
유족급여및장의비부지급처분취소
Text

1. On December 19, 2013, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On November 10, 2006, the Plaintiff’s husband (CB, hereinafter “the Plaintiff’s husband”) suffered from an “cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spona (hereinafter “the first injury disease in this case”) from the Defendant, and received medical treatment until May 28, 2008, and thereafter received judgment of class 2 subparag. 5 of the disability grade.

B. On October 1, 2013, the Deceased, after weathering around 06:30 on October 1, 2013, she was satisfed by her body and was transferred to Seoul National University Hospital by 119 emergency squad.

Seoul National University Hospital diagnosed that “the brain cerebrovassis on the left side (hereinafter “the instant injury”) occurred.”

C. Following the lack of the operation room of Seoul National University Hospital, the Deceased was transferred to the National Medical Center and performed an operation and treatment, but eventually, around 00:40 on October 3, 2013, the Deceased died of the operation and treatment, which is a direct death, (i) “brain cerebral department”, (ii) “cerebral department”, (iii) “cerebral department”, and (iv) “cerebral cerebral surgery.”

The Plaintiff asserted that the deceased’s death constitutes an occupational accident and filed a claim for bereaved family’s benefits and funeral expenses with the Defendant. On December 19, 2013, the Defendant rendered a bereaved family’s benefits and funeral funeral expense disposition (hereinafter “instant disposition”) on the ground that “The first injury and disease occurred on the right-hand low-nuclear blood, but the deceased died on the ground that there was no causal link between the first injury and the deceased’s death.”

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

2. Whether the instant disposition is lawful

A. Since there is a proximate causal relationship between the first superior branch of the instant case where the Plaintiff’s medical treatment was approved and the deceased’s death, the instant disposition otherwise determined is unlawful.

B. 1) The blood pressure of the deceased on October 13, 2005 was conducted on the first outbreak of the injury and the treatment process of the deceased.

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