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(영문) 서울행정법원 2016.04.28 2014구합13751
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. On December 30, 201, when the Plaintiff’s husband entered the Seolim Housing Management Corporation (hereinafter “the deceased”) and performed guard duty, he was recognized as having been suffering from an occupational disease on December 30, 2001, and was under medical care until January 13, 2004, and thereafter, he was determined as class 5 of the disability grade 2 (a person who has a serious obstacle to the function or mental function of the Seongbuk system and needs to be under nursing from time to time).

B. The Deceased died around 17:00 on May 20, 2013, while receiving medical care in D, which is a cause of private medical care.

C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on August 21, 2013, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that “the deceased’s death cannot be confirmed as the cause of death, and the causal relationship between the death and the injury branch of the instant approval cannot be recognized.”

The Plaintiff, who was dissatisfied with the instant disposition, filed a request for re-examination with the Defendant, but was dismissed on May 2, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was that it was impossible for the Deceased to walk on his own as the left-hand paralysis caused by the instant injury and disease caused by the recognition on December 30, 2001. On January 13, 2004, after completing the medical care, the Plaintiff’s occupation of the part, which was frighted, became worse rapidly, and the physical function of the deceased was deteriorated by living 24 hours on the beds from September 2005 to September 200, and died due to the decline of immunity. As such, there is a proximate causal relation between the type of death and the type of death of the deceased.

Therefore, it is true.

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