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(영문) 대구지방법원 2020.08.28 2019구단11397
유족급여 및 장의비 부지급 처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 8, 2005, the deceased B (hereinafter referred to as “the deceased”) obtained industrial accident approval for the injury and injury of an injury or disease, such as electricity, image, shock, portrait image of the upper area, and negoal damage, etc. (hereinafter referred to as “the injury or disease of this case”), and received medical treatment until April 30, 2010, and received a judgment of class 6 2 of the disability grade, as it is recognized to fall under “after the completion of medical treatment,” and thereby, the remaining person who has a significant obstacle to the Chewing function.

B. On May 20, 2017, around 13:30 on May 20, 2017, the Deceased discovered trees from a toilet for residential apartment, and returned to the hospital, but died on May 20, 2017.

C. On February 14, 2019, the Plaintiff, the deceased, claimed bereaved family benefits and funeral expenses to the Defendant. However, on June 26, 2019, the Defendant does not constitute grounds for the payment of bereaved family benefits under Article 37 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) and Article 35 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “Enforcement Decree of the Industrial Accident Compensation Insurance Act”).

For reasons, ‘the claim of this case' is called ‘the determination of survivors' benefits and funeral expenses for the plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, Eul evidence Nos. 1, 2, 3, 9 (including paper numbers; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. A. The Plaintiff’s injury or disease caused multiple mergers to the Deceased due to the Plaintiff’s assertion of the death, and the Deceased caused suicide by the occurrence of depression on the part of the Deceased, as well as her walking and urine urine urine urine urgical symptoms, which led to suicide. Therefore, proximate causal relation between the death of the Deceased and the accident or the injury or disease of the instant accident is recognized.

Nevertheless, this case where the plaintiff's application for survivors' benefits and funeral expenses was not approved.

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