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(영문) 서울행정법원 2018.01.11 2016구합82690
유족보상금부지급처분취소
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’s husband B (C) was appointed as a local health researcher on August 9, 1996, and served in the Public Health and Environment Research Institute Food and Drug Research Department since November 1, 2000. From January 22, 2008, the Plaintiff’s husband (C) served in the Ministry of Health and Environment food and environment research division, and was promoted to a micro-organism and local health research officer on July 3, 2012 and October 15, 2012.

B. On April 16, 2012, B diagnosed “kidum cancer” at Samsung Seoul Hospital, and performed netrophy dypology surgery on May 23, 2012; however, on November 19, 2012, C died to “new cell dypology dypology, an executive secretary,” on April 26, 2014, when cancer cells were transferred to an anti-cypology surgery.”

(hereinafter referred to as “the deceased”). (c)

On October 24, 2016, the Plaintiff filed an application for the payment of bereaved family's compensation to the Defendant on the ground that the deceased died on official duty. However, on November 7, 2016, the Defendant rendered a disposition on the compensation of bereaved family's compensation, deeming that there is no proximate causal relation between the deceased's death and his official duty, on the following grounds.

(hereinafter referred to as “instant disposition.” In full view of the circumstances of death, documents submitted and the medical view of the disease in question, it is known that the risk factor is involved in environmental factors (e.g., smoking, high blood pressure), existing diseases (such as long-term blood speculation, etc.), genetic factors (e.g., chronological disorder), etc. in which cells forming urines in the field of kidney are gathered from the part where the cells forming urines were gathered in the field of kidney, which are private persons of the deceased. In the case of the deceased, there is no evidence to deem that there was any inherent factors that may cause cancer in the work environment and the performance of duties of the deceased.

In particular, it was exposed to various harmful chemicals in the aging laboratory.

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