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(영문) 서울행정법원 2015.07.23 2015구합55530
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. B (hereinafter referred to as “the deceased”) was exposed to Eulphane while working in Haraionion Co., Ltd., and received the approval of medical care due to Eulphan addiction around January 11, 1993, and was diagnosed as waste cancer on September 25, 2013, and died on September 15, 2014.

B. The Plaintiff, a wife of the Deceased, claimed the bereaved family’s benefits and funeral expenses to the Defendant, but the Defendant, on January 2, 2015, determined the bereaved family’s benefits and funeral expenses on the ground that it is difficult to recognize a proximate causal relationship between the death of the Deceased and the first approval.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. While the Plaintiff’s assertion was receiving a long-term medical care due to ulphane addiction caused by occupational accidents, the Plaintiff’s death constitutes occupational accidents, as it resulted in death during the treatment.

Nevertheless, the instant disposition based on a different premise is unlawful.

B. (i) The Deceased was exposed to Eulphane Co., Ltd. that had been working for Calinate as Calin, and received medical treatment on or around January 11, 1993 after obtaining medical treatment approval for Eulphan addiction.

around September 25, 2013, the Deceased died on September 15, 2014, when he was diagnosed as waste cancer by Seoul Asan Hospital and received navigation cancer treatment.

Then, the direct death in the death certificate is a parocy showe, and the preceding person is an waste cancer and Eulphane addiction.

Then, the Deceased's medical opinion showed symptoms such as high blood pressure, urology, and cardiopulmonary resuscitation with Eulphan addiction, but the symptoms were administered through pharmacologic treatment, etc. until pulmonary cancer occurs.

The deceased's direct death-related shock is the major death caused by the treatment of the lung cancer.

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