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(영문) 서울행정법원 2019.03.08 2018구합75924
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. The deceased B (Cre, hereinafter “the deceased”) is a person working in D Co., Ltd.

On March 26, 1989, the Deceased suffered from a critical disease, such as the pellley, the first string pressure, the end string, the end string, the detailed strings, and the strings of unknown whereabouts, and the urgical urgical urgical so that he/she was found to have suffered from occupational accidents, and the above urgical disease was determined by the Defendant as a result of the recognition of occupational accidents.

(hereinafter referred to as the “instant approved injury and disease”), which was approved as above, B.

After the completion of medical treatment on December 1, 1993, the deceased was judged as Grade 1 in relation to the approved branches of this case, and was subject to additional medical care due to the approved injury and disease of this case since April 11, 1994.

In addition, the deceased received a diagnosis of pulmonary cancer of small cell around February 2017, separately from the approval branches of this case.

C. On May 2, 2017, the Deceased was transferred to the E Hospital due to the Ambassador Malicia, etc., while being hospitalized in the Incheon Hospital of Korea Workers’ Compensation and Welfare Service, but was eventually killed on the same day.

The Plaintiff, a spouse of the deceased, asserted that the death of the deceased constituted occupational accidents, and claimed the payment of bereaved family benefits and funeral expenses to the Defendant.

On August 13, 2018, the defendant judged that the death of the deceased does not constitute an occupational accident, and issued a disposition of the bereaved family's benefits and funeral expenses on the following grounds:

(hereinafter referred to as the “instant disposition”). Examining the generally known contents of small cell lung cancer, the cause of the outbreak is mainly smoking, and the growth rate of lung cancer is rapidly higher than other lung cancer (non-cell lung cancer) and the symptoms are worse.

In order to arrange the medical opinions of the deceased's doctor and advisory doctor, it is judged that the aggravation of the overall symptoms caused by the lung cancer has a more weight than the death, and when considering the aftermath of the pulmonary cancer of small cell cells, the pulmonary cancer of small cell is considered.

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