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(영문) 대구지방법원 2020.07.24 2019구단2676
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. The Plaintiff is the denial of the deceased B (hereinafter “the deceased”).

B. On May 21, 2003, while the Deceased was employed and worked as a member of C on April 2003, the Deceased was caused by a disaster that is linked to the steel plate at the place of business (hereinafter “the instant disaster”).

C. On May 21, 2003, the Deceased received medical care from the Defendant from May 21, 2003 to February 25, 2004, from the Defendant for the injury and disease of “Sami-gun” (hereinafter “the injury and disease of this case”). After the completion of medical care, the Deceased was determined as having been unable to use the two legs permanently.

On October 2017, the Deceased was diagnosed with a lung cancer around October 201, and died at the National Cancer Center around 00:57 on October 11, 2018.

On the deceased’s death diagnosis report, the cause of death of the deceased is indicated as a pulmonary cancer (direct death).

E. On January 11, 2019, the Plaintiff applied for the bereaved family benefits and funeral expenses to the Defendant following the deceased’s death.

On September 10, 2019, the Defendant rendered a decision not to approve the Plaintiff’s above application (hereinafter “instant disposition”) on the ground that it is difficult to recognize that the deceased caused the death of the deceased due to the instant injury or the instant disaster.

[Ground of recognition] Facts without dispute, entry in Eul evidence 1 to 8 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the disability caused by the instant injury was serious to the degree of disability No. 1, and the deceased was frighten by preventing the two legs permanently from being used on a permanent basis. The deceased’s sense of shame, inorganic force, and frightened, the deceased suffered pain due to legacy, and continuously complaining of water surface disorders, apprehensions, and pains, etc. The deceased was suffering from extreme stress, and the deceased was suffering from extreme stress for a prolonged period of 15 years after the disaster.

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