진폐유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff’s spouse’s deceased B (CB, hereinafter “the deceased”) worked in D Mining Center from March 13, 1986 to December 4, 198 as the U.S. Department.
B. On May 20, 1996, the Deceased was judged as Grade 11 of the disability grade due to pneumoconiosis-type 2/1, and cardiopulmonary function F0 (normally), and was killed at the Gangseosan Hospital on August 3, 2016, while providing medical care from August 16, 1997.
The main doctor of the Gangseoansan Hospital diagnosed the deceased's direct death as the "multichopic long-term corrosion", the middle-line event as the "satisic acid", and the preceding physician as the "Meakum".
C. The Plaintiff asserted that the deceased died due to pneumoconiosis, which is an occupational disease, and a combination thereof, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant.
However, on March 28, 2017, on the ground that it is difficult to recognize a proximate causal relationship between the deceased’s pneumoconiosis symptoms and their complications and the death, the Defendant determined the survivors’ benefits and funeral site wages and notified the Plaintiff thereof.
(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 7, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the death was caused by pneumoconiosis and a scarcity (referring to “sleural Effion,” hereinafter) caused by the combination thereof. As such, there is a proximate causal relationship between the deceased’s pneumoconiosis and its complication and the death.
Therefore, the instant disposition that was otherwise determined is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. The facts of recognition 1) As a result of the precise diagnosis of pneumoconiosis against the deceased, the precise diagnosis period of the date of the precise diagnosis for the precise diagnosis of pneumoconiosis type: (a) on July 15, 1996 from July 15, 1996 to July 20, 1996; (b) on August 16, 1997, Grade F0 (normal) 11 to August 16, 1997; (c) on the deceased’s medical history and treatment results from the pulmonary pulmonary tuberculosis (tbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb) the deceased’s pulmonary pulmonary pulmonary function; and (d) on October 2/13, 1997.