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(영문) 서울행정법원 2015.04.30 2014구합13300
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 November 30, 1993, while the Plaintiff’s husband’s husband He was employed as a worker belonging to the Construction Corporation (hereinafter “the deceased”). On November 30, 1993, the Plaintiff fell at the site of the Construction Corporation for Apartment Construction, and suffered from the injury or disease of “dual alley, cerebral arossis, cerebral hemosis, cerebral hemal hemosis, al hemal hemosis, cerebral hemal hemosis, cerebral hemal hemal hemosis, cerebral hemal hemal hemosis, and he was determined at class 7 of the disability grade after he received medical care until December 15, 1994.

B. The Deceased was approved for additional medical care due to a mental disorder, and was treated from October 20, 199 to March 31, 2012.

The Deceased claimed disability benefits on April 2, 2012, but the Defendant returned the claim for disability benefits on August 31, 2012 on the ground that symptoms were not fixed.

C. On September 24, 2012, the Deceased died from his home to “the deceased’s personal injury.”

On November 26, 2012, the Plaintiff filed a request for review against the return of the disability benefit claim against the Deceased on January 31, 2013 and received a decision to revoke the return. Accordingly, the Defendant determined the disability grade for the Deceased as class 2, and paid the Plaintiff the difference in disability benefits.

E. On April 23, 2013, the Plaintiff asserted that the deceased’s death constituted occupational accidents, and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on May 15, 2013, the Defendant rendered a decision on survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that the causal relationship between the deceased’s death and the upper branch of the instant case is not recognized.

F. The Plaintiff filed a petition for reexamination on the instant disposition, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the petition for reexamination on April 10, 2014 and notified the Plaintiff of the petition on April 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 7, 13, 17, 20, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is an industrial accident patient of the Defendant.

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