진폐유족급여 및 장의비 부지급처분 취소
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiff’s father, F (G birth, hereinafter “the deceased”), from December 1964 to January 1, 1972, and from December 12, 1975 to December 1978, work as the mine source in H Mining Complex; from April 1986 to July 1987, F (G birth, hereinafter “the deceased”) was diagnosed with pneumoconiosis 1/0 of pneumoconiosis-type 1/0 on July 30, 1987.
B. On July 11, 2013, the Deceased was determined by the Defendant as eligible for medical care, and died on March 14, 2016, 90 years of age.
C. The Plaintiffs filed a claim against the Defendant for the payment of pneumoconiosis survivors’ benefits and funeral expenses, but on January 25, 2017, the Defendant rendered a claim against the Plaintiffs for the payment of pneumoconiosis survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal link between the deceased’s death, pneumoconiosis symptoms, and the certificate of merger in light of medical opinions and medical records that “the deceased’s direct private death is discontinued, and the cause of the pulmonary convergence is highly likely to be caused by the decline by the brain merger and the decline by the elderly.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Since the Plaintiffs’ assertion of pneumoconiosis contributed to the occurrence of the death of the deceased, which directly caused the death, or the aggravation of the symptoms therefrom, there is a proximate causal relation between the death and the pneumoconiosis of the deceased.
Therefore, the instant disposition should be revoked in an unlawful manner.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. The date of examination of the medical examination of the recognition is the date of the examination of the medical examination of the pneumoconiosis-type merger function / Medical treatment on July 30, 1987 / F. 1/0 on April 23, 1997 - 1/0 on July 16, 1997 - May 28, 1999 - 1/1 on May 28, 1999 - 1/1 on June 20, 2002 - 1/1 on August 20, 206 August 1, 2007 1/1 on August 20, 2002 - F. 4, 20. 8. 1/1 on September 30, 2003 - F. 4, 200 on September 30, 2003 - F. 1/29 on December 4, 2007