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(영문) 서울행정법원 2014.01.16 2012구합10734
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 Plaintiff’s husband B (hereinafter “the deceased”) served as the National Construction Trade Union C from January 1, 2009 to the Plaintiff’s husband, and the same year.

6. 5. A brain transfusion was used and died at the Yong-Nam University Hospital around July 13, 201, while receiving the approval of an occupational accident.

The supervisor of the deceased diagnosed the deceased's private death in his heart color.

B. On December 23, 2011, the Plaintiff asserted that the deceased died during the treatment process of an approved injury or disease, and applied for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on January 30, 2012, the Defendant rejected the claim that the proximate causal relation between the deceased’s death and the approved injury or disease caused by the heart color cannot be acknowledged.

(hereinafter referred to as “instant disposition”). 【No dispute exists, entry in Gap’s Evidence Nos. 1, 4, 5, and 9

2. Whether the instant disposition is lawful

A. In light of the following: (a) the deceased’s assertion was conducted twice due to cerebral surgery, and during the long-term period of medical treatment, high blood pressure, urology, and urology, which is the risk factor in cardio-cerebral rhesion; (b) the deceased was suffering from heavy stress to undergo diagnosis of eutic and uneasiness due to chronological disorder; (c) there was a medical opinion that the chronological ruption, which is the risk factor in cardio-cerebral rhesion, would rapidly run; (d) lack of the process of cardio-cerebral rupture treatment; and (e) lack of pharmacologic treatment; and (e) there was a relatively limited number of years at the time of death and no other cause than the medical treatment due to an approved injury, it can be deemed that the death of the deceased, who is an approved injury, caused the death of the deceased by causing severe conditions or rapidly deteriorating due to natural or abnormal progress, and thus, proximate causal relation exists between the deceased’s death and his occupational accident.

(b) The attached Form of relevant statutes is as follows.

다. 인정사실 (1) 망인의 뇌출혈 발병 및 치료 과정 ㈎ 망인은 2009. 6. 5. 23:40경 자택...

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