유족급여및장의비부지급처분취소
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 is the spouse B.
B From March 1983 to August 1987, B served as B for a total of seven years and three months from the Han-gu Han-gu, Inc. located in Thai-si from April 1991 to July 1994.
B A around July 2012, a primary pulmonary pulmonary cancer (pactary pactiv cancer) was confirmed, and died on December 14, 2012 as pulmonary cancer around 22:40.
(hereinafter referred to as “the deceased”). B
On April 15, 2013, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses under the Industrial Accident Compensation Insurance Act. On November 28, 2013, the Defendant rendered a decision to refuse the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that, in the case of the Deceased, there was no outcome of pneumoconiosis higher than one type (1/0) at the time of the death diagnosis, and that there was a relatively short period of the coal mine period that appears to have been exposed to free acid, it is difficult to view that the work was the cause of the death of the lung cancer, and ultimately, the Plaintiff did not pay survivors’ benefits and funeral expenses on the ground that it
C. The Plaintiff appealed and filed a request for review with the Board of Audit and Inspection on December 24, 2015, but the said request was dismissed on the same ground.
[Ground of recognition] The fact that there is no dispute, Gap's 2 through 6, Eul's 1 and 2, and the purport of whole pleading
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased worked in coal mines for a period of seven years and three months should be deemed to have a direct cause for the occurrence of waste cancer.
Since the deceased died from a occupational disease, the instant disposition that deemed that there was no causal relationship between the work and the death is unlawful.
B. In order for the instant disposition to be recognized as “the death caused by an occupational reason” as prescribed by Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act, whether the instant disposition is lawful, the pertinent death caused by his occupational reason, and is between the business and the accident.