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(영문) 서울행정법원 2020.07.16 2018구합55135

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 stated in the purport of the claim (hereinafter “instant disposition”).

A. B (Cirs male) was diagnosed on December 18, 2008 with chronic closed disease, and died from her home on June 15, 2016 to 76 years of age.

The direct death stated in the written autopsy report is "definite (presumed)", and the cause of the direct death is "confinite closed disease".

(A) Evidence 2. (b)

On June 9, 2017, the Plaintiff, the spouse of the deceased B (hereinafter referred to as “the deceased”), filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses by asserting that “the deceased had worked in the mine.” On November 29, 2017, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (the instant disposition) against the Plaintiff on November 29, 2017.

The reasons for the disposition are as follows:

(A) Nos. 1, 3, and 1). The deceased only stated at the D Hospital that “10 years have worked” once, and otherwise, the deceased worked in the mine.

“There is no objective basis.”

Bereaved family members are unable to accurately describe the name of the mine in which the deceased worked, the commencement and end of his work, and they are not aware of their duties.

Considering this point, the level of exposure of the deceased is somewhat less than the level of exposure to the occupational chronic pulmonary disease known as a result of a long-term dust and gas exposure.

[Reasons for Recognition] Evidence Nos. 1 to 3, Evidence No. 1 to 1, the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion is a person who has been engaged in dusty work in the mine from around 1966 to around 1982 (excluding military service period) in Emphan mine, etc. for about 17 years (excluding military service period) Emphan mine, etc., and died due to chronic pulmonary pulmonary disease that occurred. There is a proximate causal relation between the deceased's death and his duty.

The instant disposition taken on a different premise must be revoked in an unlawful manner.

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

4. Whether the instant disposition is lawful.