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(영문) 서울행정법원 2017.03.10 2016구합63316

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;

A. The deceased B (CB, hereinafter “the deceased”) had worked as a mining unit at the D Mining Center in the past three-year period. The Defendant obtained approval from the Defendant as “malopic pneumoconiosis” and received hospital hospitalization from the Defendant from November 11, 2008, and died on February 1, 2015, and the Plaintiff is the deceased’s spouse.

B. The Plaintiff claimed for the payment of bereaved family’s benefits and funeral expenses against the Defendant (Uangu History) on the ground that the deceased died due to an occupational accident. However, on August 12, 2015, the Defendant (Uangu History) issued a disposition rejecting the payment of bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) on the ground that there was no proximate causal link between the “malopic disease” and the cause of death of the deceased and the “malopic disease” on July 12, 2015, which was seven months before the deceased’s death, and the death was caused by pulmonary and pulmonary pulmonary resuscitation and the treatment was performed 48 days before the death, and that there was no pulmonary function disorder that could affect the occurrence and aggravation of the pulmonary function at the time of death in full view of the results of the examination of the pulmonary disease and the results of the visual examination of the pulmonary disease research institute.

C. On the other hand, the Plaintiff filed a request for review seeking the revocation of the instant disposition with the Defendant, but received a decision of dismissal on November 17, 2015, and again filed a request for reexamination seeking the revocation of the instant disposition with the Industrial Accident Compensation Insurance Reexamination Committee, but received a decision of dismissal on February 24, 2016, and filed the instant lawsuit on May 19, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The summary of the Plaintiff’s assertion (1) is that the Deceased suffers from pneumoconiosis, satise infection, satchitis, satitis, satchitis, and inorganic waste for a long time, and symptoms emerge.