1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff’s spouse B (C students, hereinafter “the deceased”) is a person who works as a driver in Sameb Transport Co., Ltd. as a driver.

On October 21, 1995, the Deceased concluded the medical treatment after receiving hospitalized treatment and outpatient treatment from around that time to June 30, 2002.

On June 30, 2002, the deceased was judged on No. 3 of the disability grade (a person whose significant impediment to the function or mental function of the neurosis is not able to engage in labor for the remaining life) and received a disability compensation annuity from around that time.

B. On September 23, 2014, the Deceased was discovered in a state of being used at his/her residence, and was transferred to the Hanyang University Hospital, but died on the same day.

C. The death diagnosis of the deceased is indicated as “defensive” by the direct deathr.

The Plaintiff asserted that there is a proximate causal relationship between the deceased’s death and cerebral Bribery, and claimed the Defendant to pay survivors’ benefits and funeral expenses.

However, on February 15, 2017, the Defendant determined the bereaved family's benefits and funeral expenses, and notified the Plaintiff of the determination on February 15, 2017, on the ground that the proximate causal relation between the deceased's death and brain death.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion died of a waste or heart disease.

A long-term excessive life caused by cerebral typhism is the cause of the outbreak of pulmonary typhism.

In addition, it is generally known that cerebrovascular disease is caused by cardioscular disease, and the hemopic heart body, which is the existing heart disease of the deceased, is in a stable management. Thus, the heart disease caused the death of the deceased should be deemed to have been caused by cerebral typhism, not by the cardioscular body, and by the cerebral typhism and its aftermathic.

Therefore, it is between the death of the deceased and the brain death, which is an occupational disease.