유족급여및장의비부지급처분취소
1. The disposition that the Defendant rendered to the Plaintiff on July 17, 2018 as bereaved family benefits and funeral site pay shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The net B (Cre, hereinafter referred to as “the network”) served as the coal mine in D Mining and Ethra from around 1973 to 1989.
On April 10, 2008, the Deceased was diagnosed as pneumoconiosis-type 1(1/0) and cardiopulmonary function F2(serious disability) by pneumoconiosis symptoms, and was diagnosed as the Defendant’s disability grade 3.
(A) The cause of death (A) directly caused by the death of a private person, and the pneumoconiosis of (c) b) caused by the death of (b) directly caused by the death of a person.
B. On February 26, 2018, the Deceased died on March 24, 2018 while hospitalized in a F Hospital and receiving treatment.
The causes of death of the deceased mentioned in the death certificate shall be as follows:
C. The Plaintiff, the deceased’s spouse, claimed that the deceased’s death constituted occupational accidents, and claimed the Defendant to pay survivors’ benefits and funeral expenses.
However, on July 17, 2018, the Defendant rendered a disposition to pay survivors' benefits and funeral site wages to the Plaintiff on the ground that “the deceased received high-frequency treatment (RFA), light chemical chronological chronology (TACE), etc., and was in the state of inserting heart heart gambling with complete blocking, and the symptoms that he mainly claimed immediately before the death were flick, but there is no direct proximate causal relation between pneumoconiosis and its merger and death, considering that the symptoms that he mainly claimed immediately before the death were flick, but the symptoms were flick, telegraph flick, etc.
(hereinafter “instant disposition”) D.
The Plaintiff filed a request for examination against the Defendant, but the Defendant dismissed the Plaintiff’s request for examination on December 18, 2018 on the same ground as the instant disposition.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s pneumoconiosis symptoms of the deceased caused telegraphic hump and immunodeficiencysis, and the decline in cardiopulmonary function caused by pneumoconiosis had an impact on the outbreak, progress, and aggravation of cardiopulmonary and executive hump.
Therefore, pneumoconiosis is the main cause of death of the deceased or at least a different one.