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(영문) 서울행정법원 2018.01.12 2016구합85774

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. B (C) from October 29, 1978 to November 18, 1983, served as D at Bupyeong Mining Complex Co., Ltd.

B. B was determined as “mick-type disease: 4 type (4A) and complication (px)” in the diagnosis of pneumoconiosis conducted from July 30, 2007 to August 4, 2007, and died on January 30, 2016 among those for which medical care was provided.

B에 대한 사망진단서(2016. 1. 30. 가천대길병원 발행)에는 “사망의 원인 ㈎ 직접사인: 급성호흡부전, ㈏ ㈎의 원인: 폐렴, ㈐ ㈏의 원인: 진폐증”이라 기재되어 있다.

C. The plaintiff is the spouse B.

On February 18, 2016, the Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on June 9, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral site pay to the Plaintiff on the ground that proximate causal relation between the pneumoconiosis and the death, which is an approved disease, was not recognized.

(hereinafter “Disposition in this case”). [Ground for recognition] A without dispute, entry of Gap 1 through 5, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. The main cause of the death of the Plaintiff’s assertion B is either the pneumoconiosis or at least the pneumoconiosis has functioned in combination with the pharmacy.

Even if the main cause of death is the death, the death is caused by the symptoms of pneumoconiosis, and the decline has rapidly deteriorated compared to normal conditions.

There is a proximate causal relationship between B and death.

B. The facts of recognition 1) B, C, from October 29, 1978 to November 18, 1983, served as C, and as D at the Bupyeong Mining Center. As a result of the determination of the merger of cardiopulmonary function during the period of close examination, the detailed diagnosis of pneumoconiosis in Grade B, from March 14, 1994 to March 19, 194, is as follows. From March 25, 2002 to March 2, 2002, Grade 11, Grade 4AF0 disability No. 11, Grade 4A, 4, July 30, 2007 to August 4, 2007, 2007.

3. Health insurance from March 16, 2006 to December 4, 2015.