유족급여및장의비부지급처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The deceased H (i.e., I; hereinafter “the deceased”) is a person who has been working in the light of Jan, Kantan, etc. from 1986 to 1989.
On May 22, 2007, the Deceased was judged as Grade 13 of the disability grade with pneumoconiosis symptoms.
B. On August 26, 2017, the Deceased was hospitalized in a hospital due to burgical pain after being removed from the house on August 26, 2017, and died on September 11, 2017 while being suspected of being treated.
Among the causes of death described in the death report, the direct death is the respiratory part, and the intermediate chief event is the acute lung infection, and the prior death is the pressure of the conjection.
C. On December 14, 2017, L, the deceased’s spouse, the deceased’s children, did not claim bereaved family benefits and funeral expenses.
On January 29, 2018, the Defendant filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on March 19, 2018, the Defendant rendered a disposition to determine the amount of survivors’ benefits and funeral site wages (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiffs’ assertion that the death of the deceased caused the outbreak and aggravation of the waste as a major risk factor due to the pneumoconiosis symptoms and the destruction of the merged witnesses, and thus, there is a proximate causal link between the death and the pneumoconiosis symptoms of the deceased.
Therefore, the death of the deceased is an occupational accident.
(b) as shown in the attached Form of the relevant statutes;
C. 1) The deceased’s health condition as the deceased’s health condition is as follows.
- 1/0 on June 17, 2002 - F0 (normal) - May 22, 2007 - 1/12 on May 22, 2007 - 1/0 on July 31, 2008 - 1/0 on October 16, 2009 - 1/10 on October 7, 2009 - 1/16 on December 1, 2010 - 13 grade 13 grade 16 ( normal) - 13 grade 13 grade 16 ( normal) - 13 grade 13 grade 16 ( normal) - 1/2 - F0 (ordinary) , 13 grade 16 March 10, 2016 - 13 grade 16 b) , the Deceased on November 16, 2014.