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(영문) 서울고등법원 2020.07.17 2020누35792

유족급여및장의비부지급처분취소

Text

1. Revocation of a judgment of the first instance;

2. On August 9, 2018, the amount of bereaved family benefits and funeral expenses the Defendant paid to the Plaintiff.

Reasons

1. Details of the disposition;

A. B (Cirst male) served as coal reserve for about 13 years and 8 months from around 1971 to October 198, and engaged in dusty work.

B. B was diagnosed as a chronic closed disease on May 21, 2015. On August 29, 2017, the Defendant determined the disability grade B as class 3 4 and paid disability benefits.

(hereinafter referred to as " chronic closed disease of this case") C.

B, around 09:50 on April 10, 2018, the E Family Council located in the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of her returning to the F Hospital after prescribing the medication with symptoms such as respiratory distress, mecium, mecium, and telegraph pain. At around 15:00 on the same day, the E Home Council died of a multi-life-long line due to waste collection at around 20:14 on the same day.

(hereinafter referred to as “the deceased”) B. D.

In the death diagnosis report of the deceased, the register cancer is written as a direct death, a long-term mass masse, a middle-line event, and a pre-explosion.

E. On June 5, 2018, the Plaintiff, a spouse of the Deceased, filed a claim against the Defendant for the payment of pneumoconiosis survivors’ pension and funeral expenses by asserting that the death of the Deceased was an occupational accident.

On August 9, 2018, the Defendant rendered a disposition not to pay the death of the deceased and on the ground that there is no proximate causal relation between the deceased’s death and the approved injury of the instant case (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. (i) The parties’ assertion (i) the cause of the death of the Plaintiff was abolished, and the patient with the recognition of the present case generally suffers from the death of the deceased more than six times the risk of the outbreak of waste, which is higher than that of the general public, but this was irrelevant to the collection of the deceased’s waste. In light of the above, waste collection, which is the cause of the death of the deceased, is the cause of the death of the deceased.