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(영문) 서울행정법원 2015.04.23 2013구합59101
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 15, 191, the deceased’s spouse B (hereinafter “the deceased”) was employed by the D Hospital on Dec. 15, 1991 and served as a radiation and CT photography technician.

B. On December 21, 201, the deceased was determined as “the scarcity scarcity scarcity and the scarcity scarcity scarcity scarke.” On January 11, 2012, the deceased was diagnosed as “the scarcity scarcity scarcity scarcity scarke,” and was receiving treatment on February 20, 2012 by the D Hospital, the deceased was diagnosed as “the scarcity scarcity scarke” and continued to receive treatment on February 24, 2012. After that, on February 24, 2012, the deceased transferred to the Samsung F&Seoul Hospital, under the diagnosis of “the scarcity scarcity scarcity scarke, the scarcity scarcity scarke scarcity scarcity scarcity scarcity scarcity scarcity scar.”

C. The death diagnosis report on the deceased is indicated as “direct death: multi-salutic organ charging, semi-salutic shockor, and pre-salutic shockor: Apactr: Apactric shockor.”

The Plaintiff asserted that the “specific Hemphical hemosis decrease certificate (hereinafter “the instant symptoms”) which is a private person of the Deceased constitutes occupational accidents, and claimed for survivors’ benefits and funeral expenses against the Defendant. However, the Defendant defective the site pay disposition on July 15, 2013 on the ground that there is no proximate causal relation between the symptoms of the instant issue and the deceased’s duties, and the Plaintiff appealed against this and filed the instant lawsuit on September 16, 2013.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion was employed as a radiation engineer at the hospital for twenty (20) years, and in an poor environment, it can be easily presumed that X-ray and CT photograph were affected by the post-record. At night, the Plaintiff’s assertion was in a hospital and in a hospital at night during night.

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