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(영문) 부산지방법원 2015.02.16 2014구단1066
유족급여등부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. On September 18, 1999, the Plaintiff’s husband B (hereinafter referred to as “the deceased”) received medical care due to brain ties, two fluoral fluoral fluoral, acute fluoral fluoral, external cerebral cerebral typhosis, cerebral cerebral hemosis, cerebral hemosis, etc. (hereinafter “the first injury disease”). On March 5, 2001, after closing the medical care and receiving the disability pension, the disability grade was determined as class 3, and was determined as class 3, and died on March 6, 2014 with acute fluoral fluoral fluor.

B. The Plaintiff asserted that the deceased died due to an acute stress due to mental stress for 15 years, and filed a claim for the payment of bereaved family benefits and funeral expenses with the Defendant on the ground that the deceased’s death falls under occupational accidents. However, the Defendant rendered a decision to pay the bereaved family benefits and funeral funeral expenses on the ground that the cause of the death of the deceased was not recognized as a causal relationship between the first upper branch and the upper branch on the ground that the death of the deceased was caused at the time when the period of time elapsed after the completion of the medical care. (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 8, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff asserted that the Defendant’s disposition of this case, which judged on a different premise, is unlawful, since the Deceased’s death constitutes an occupational accident, was caused by mental stress during 15 years of or without the body due to his occupational accident, and the mental stress was accumulated in the cardio-cerebral relationship, and died due to acute flacing.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. On September 18, 1999, the deceased’s medical treatment process and reason why the deceased died. (1) On September 18, 1999, the deceased’s brain ties, ductals, ductal flasing, acute flasing, acute cerebral cerebral cerebral tymosis, cerebral tymosis, ductal tymosis, right flasing, and mid-water.

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