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(영문) 서울행정법원 2015.01.15 2014구합61286
유족급여부지급처분취소
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. From around 07:00 on August 29, 2013, Nonparty B (hereinafter “the deceased”) performed the duty of transporting non-defense materials from the “DD Construction site” (hereinafter “instant workplace”) to the installation site of USA Construction Co., Ltd. (hereinafter “instant workplace”), Nonparty B (hereinafter “the deceased”) was used on the middle floor of a Do which provides meals at around 10:40 and flows water, leading to the state of cardiopulmonary suspension.

(hereinafter “instant accident.” The same workers at the workplace reported 119 to the Deceased’s cardiopulmonary resuscitation, after which they conducted cardiopulmonary resuscitation, and the 119 first aid team transferred the Deceased to a pre-North Korean University Hospital. While the hospital’s emergency room conducted artificial smoking, heart heart, and insertion, the hospital physician confirmed the Deceased’s death on the same day as 11:43 on the same day.

B. The autopsy report on the deceased is written by the deceased’s private person as “the cardio-humane death caused by a brue heart disease (one-day heart death),” and is written by the deceased’s private person as “the deceased’s heart death.”

C. The Plaintiff, as the mother of the deceased, is the only inheritor of the deceased. The Plaintiff asserted that the deceased’s death was caused by his/her work. On October 28, 2013, the Plaintiff applied for survivors’ benefits against the Defendant. However, the Defendant rendered a disposition of survivors’ benefits site payment as of December 11, 2013 based on the deliberation of the Occupational Disease Determination Committee, “The result of a review of the content, work period, medical records, video materials, doctor’s opinion, and advisory opinion, etc. of the occupational disease Determination Committee, which is recognized as an applicant’s disease but is not objectively confirmed, and thus, there is no proximate causal relation between the work and the injury’s disease as of December 11, 2013.”

Since May 26, 2014, the Plaintiff filed another application for survivors’ benefits with the same purport. However, on June 12, 2014, the Defendant filed the instant lawsuit on June 24, 2014 (hereinafter “instant disposition”) against the defect of the site payment disposition (hereinafter “instant disposition”), and on June 24, 2014.

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