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(영문) 부산지방법원 2016.09.28 2016구단265
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 September 24, 2006, the Plaintiff’s ASEAN (hereinafter “the deceased”) sustained the injury of “the second stroke, the stroke, the stroke, the cerebral stroke, the brain stroke, the left-hand stroke, the left-hand stroke, the upper-hand stroke, the upper-hand stroke, the upper-hand stroke, the upper-hand stroke, and the Defendant received medical care approval from the Defendant on April 1, 2009.”

B. After closing treatment, the Deceased received disability compensation from the Defendant after receiving the determination of class 7 No. 4 of the disability grade.

C. After that, on June 26, 2009, the Deceased received additional medical care by obtaining approval from the Defendant as an additional injury and disease, and was expected to complete treatment on April 30, 201 according to the result of the deliberation by the Defendant advisory society. However, around April 23, 2011, the Deceased’s home at his own home, was found to have been driven and used on the D-road located in Busan Western-gu, Busan (hereinafter “the second accident”), and died on May 5, 2011, after being diagnosed as “the second accident of this case”) as an “the th accident of this case’s external climatic frisome, the thalopical typosis, the thalopical typosis, the thalopical typosis, and the two gake.”

Accordingly, on October 12, 2015, the Plaintiff, a bereaved family member of the deceased, applied for the payment of bereaved family benefits and funeral expenses to the Defendant. On November 16, 2015, the Defendant rendered a decision on the payment of bereaved family benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiff on the ground that “the deceased’s death does not have proximate causal relation with the approved branch, and the claim for bereaved family benefits and funeral expenses was filed after the statutory deadline.”

[Reasons for Recognition] Facts without dispute, entry B in the evidence of Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On July 31, 2015, the Plaintiff’s summary of the Plaintiff’s assertion claimed a lump sum payment on the difference in disability benefits of the Deceased and received compensation from the Defendant.

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