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(영문) 서울행정법원 2016.05.20 2015구합71211
유족급여 등 부지급처분취소 청구의 소
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 July 1, 1998, the deceased B, the spouse of the Plaintiff (CB, hereinafter “the deceased”), was employed as a construction expert in the Hywona Dou comprehensive architectural firm on the part of July 1, 1998, and was affected by occupational accidents on December 24, 2001.

(hereinafter “First Injury and Disease.” On February 29, 2004, the Deceased concluded treatment for the first injury and disease, and was determined as class 1 No. 3 of the disability grade.

B. Around 02:00 on February 23, 2015, the Deceased died at his home, which was residing with the Plaintiff, and the Plaintiff claimed for the payment of bereaved family benefits and funeral expenses to the Defendant.

On July 8, 2015, the Defendant decided on July 8, 2015 that “the causal relationship between the deceased’s private person and the first upper branch is not clear. The first upper branch caused efficiencies, such as decline in the function of expansion, due to the high blood pressure and urology’s existing illness irrelevant to the first upper branch, and is presumed to have caused efficiencies, overall aggravation, and cardiopulmonary disease, etc. and caused death. Therefore, there is no proximate causal relationship with the first upper branch.” As such, the Defendant determined the bereaved family’s benefits and funeral expenses on the ground that “the bereaved family’s benefits and funeral expenses are not recognized.”

(hereinafter “Disposition in this case”). [Grounds for recognition] A] The fact that there is no dispute, Gap’s evidence Nos. 1 through 6 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the deceased suffered from the first injury and sustained a long period of 14 years until he died, and as a result, a number of diseases have occurred due to immunodeficiency function degradation, nutrition shortage, etc. As a result, the deceased's state has deteriorated beyond natural progress, resulting in death, and the doctor's intention of the deceased is highly likely to have died due to the first injury. Thus, a proximate causal relation is recognized in light of the above facts.

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