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(영문) 전주지방법원 2021.03.31 2018구단487
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

A. On September 29, 199, the Plaintiff’s spouse B provided medical care until October 31, 2003 with the approval of medical care due to occupational accidents on the part of the Plaintiff’s spouse (“the instant injury”). The Plaintiff’s spouse provided medical care to “the brain fluor and fluoral fluoral fluoral fluoral fluoral fluor, the left fluoral fluoral fluoral fluoral fluoral fluoral flu

After that, the Deceased was judged to be in accordance with class 5 of the disability grade 2 (a person who shall frequently undergo another person's nursing care in his/her daily life necessary for maintaining his/her life due to a defect in the high level of new boundary).

B. From October 5, 2015, the Deceased died on March 22, 2016, while hospitalized in C convalescent Hospital.

(c)

On April 11, 2016, the Plaintiff filed an application with the Defendant for the payment of the bereaved family’s benefits and funeral expenses, and on May 19, 2016, the Defendant rendered a disposition to the Plaintiff on the ground that “it is difficult to recognize a substantial causal relationship between the deceased’s death and the injury and disease of the instant case” (hereinafter “instant disposition”).

(d)

The Plaintiff filed a request for examination against the instant disposition, but the Board of Audit and Inspection dismissed the Plaintiff’s request for examination on March 9, 2018.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, and Eul evidence No. 1, the plaintiff's assertion as to the legitimacy of the disposition of this case as stated in the plaintiff's evidence No. 1, 2, and Eul evidence No. 1, and the plaintiff's assertion that the plaintiff's judgment was lawful, because food was discharged into an institution and died of "hhandity waste collection" caused by a foreign substance while living together with his body function and cardiopulmonary function was deteriorated due to the disease of this case, an occupational accident. Thus, there is considerable relation between the deceased's death and the injury of this case.

Therefore, the instant disposition made by the Defendant on a different premise is unlawful.

Facts of recognition

C A private person directly due to the death of each intermediate care hospital issued on March 25, 2016: The cause of the death directly by a private person: The deceased’s medical opinion prepared on March 22, 2016 of the neutron C in chronological C convalescent (38.6°C) and the future from March 16, 2016.

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