logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.01.11 2018구합57612
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 deceased B (Cre; hereinafter “the deceased”) was a person working for D Co., Ltd., and the brain color, which occurred around October 5, 2003, was recognized as an occupational accident and received a decision of medical care from the Defendant.

(hereinafter referred to as the “instant approved injury and disease”), which was approved as a medical care injury and disease, B.

On January 4, 2018, the Deceased was sent out to the E Hospital due to the decline in the awareness of Audio, and transferred to the Fvalescent hospital, and the same month.

6. Ultimately, the death diagnosis report of the deceased prepared by a doctor G of the F convalescent hospital is written by the “brain color” as a direct death.

C. The Plaintiff, a de facto spouse of the Deceased’s de facto marriage, claimed that the deceased’s death constituted an occupational accident, and claimed the payment of survivors’ benefits and funeral expenses. However, on February 14, 2018, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses on the ground that “the deceased is deemed to have died of an individual disease (urine, old cardiopulmonary disease), which is irrelevant to the approved branch rather than the aggravation of the approved branch of the instant case.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The death of the deceased constitutes an occupational accident, since the brain flasing of the deceased was caused by the existing brain flasing, which is the Plaintiff’s assertion of the death of the deceased.

Therefore, the instant disposition on a different premise should be revoked in an unlawful manner.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The deceased, such as the details of the medical care related to the approved injury and disease of this case, was judged as class 3 of the disability grade after the completion of the medical care on December 1, 2004 with respect to the approved injury and disease of this case, and was subject to additional medical care due to the approved injury and disease of this case from January 2005 to October 6, 2006. 2) The deceased's previous medical care approval for the approved injury and disease of this case.

arrow