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(영문) 서울행정법원 2015.05.14 2014구합69693
유족급여및장의비부지급처분취소
Text

1. On December 20, 2013, the Defendant revoked the disposition of bereaved family benefits and funeral site pay to the Plaintiff on December 20, 2013.

2...

Reasons

1. Details of the disposition;

A. On January 1, 1967, the Plaintiff’s husband’s husband (hereinafter “the deceased”) was admitted to medical care on October 21, 1996 with respect to “hulphan addiction, diversified brain typhism, and other changes in the network” (hereinafter “the injury of this case”).

B. From October 18, 1996, the Deceased was hospitalized in C Hospital, etc., and was discovered on September 13, 2013 at his own home around 10:00.

The direct deathist in the deceased’s death report is “Dementia, cerebrovascularsty and senspite”, and the preceding deathist is “high blood pressure”.

C. On October 22, 2013, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses, but the Defendant rendered a claim against the Plaintiff on December 20, 2013 on the ground that “The proximate causal relation between the deceased’s private person and the Eulphane addiction is not recognized.”

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for examination against the instant disposition, but the Defendant dismissed the Plaintiff’s request for examination on March 19, 2014.

The plaintiff filed a request for reexamination again, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the plaintiff's request for reexamination on June 27, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 and 2, the fact inquiry results about the D council members of this court, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was continuously and repeatedly exposed to Eulphane and died of dementia, cerebral typhism, and high blood pressure while receiving medical treatment with the medical approval for the instant injury and disease. Since dementia, etc. occurs when addicted to Eulphane, there is a proximate causal relation between the deceased’s death and the injury of the injury branch of the instant case, which is occupational disease.

(b) as shown in the attached Form of the relevant statutes;

C. The 1 Deceased’s health insurance is recognized.

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