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(영문) 서울행정법원 2016.12.08 2014구합65059
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered against the deceased on October 30, 2013 on the bereaved family’s benefits and funeral site expenses against the deceased on October 30, 2013 is revoked.

2...

Reasons

1. Details of the disposition;

A. On August 19, 199, the deceased F (GGs, hereinafter “the deceased”) obtained medical care approval from the Defendant with respect to “herical brain diseases, cardiopulmonary merculation, acute emerculation, pulmonary emerial emerculation, and lemeral typhism” (hereinafter “existing lemercties”), and had long-term plant life.

B. The Deceased died on July 24, 2013 after receiving hospitalized treatment in a H care hospital. The death diagnosis report of the Deceased is indicated as follows:

(a) Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Ma

C. On September 13, 2013, A, the deceased’s spouse, claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on October 30, 2013, the Defendant rendered a land-based disposition against A for the following reasons.

(hereinafter referred to as “instant disposition”). The Defendant’s advisory doctor expressed the medical opinion that “the possibility that the symptoms of the deceased might be deteriorated due to blood transfusion” and “the first recognition of the deceased was passed more than 10 years after the death of the deceased and the first recognition of the death of the deceased, which would have no proximate causal relation between the death of the deceased and the first recognition of the death of the deceased.” In full view of the records of the past medical records of the deceased’s death records, it cannot be recognized that there was a proximate causal relation between the cause of the death of the deceased and the existing injury or disease.”

D. A, dissatisfied with the instant disposition, filed the instant lawsuit on August 12, 2014, but died on January 27, 2015 while the lawsuit was pending, and the Plaintiffs, who were their children, taken over the instant litigation procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The term "occupational accidents" in Article 5 (1) of the Industrial Accident Compensation Insurance Act means accidents caused by an employee's work while performing his/her duties.

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