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(영문) 서울행정법원 2018.03.23 2016구합62900

진폐유족급여및장의비부지급처분취소

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. B (C) served as mining source at the office of the Korea Coal Corporation from September 12, 1984 to October 3, 1994.

B. B was hospitalized in the Korea Workers’ Compensation and Welfare Service E Hospital (hereinafter “E Hospital”) on three occasions from December 1, 2001 to October 2003, and died on December 16, 201, among those who were hospitalized in the Korea Workers’ Compensation and Welfare Service E Hospital from December 2003 (hereinafter “E Hospital”).

C. On May 27, 2015, the Plaintiff, as the wife of the deceased B (hereinafter “the deceased”), claimed payment of survivors’ benefits and funeral expenses to the Defendant on the ground that the deceased’s death constitutes occupational accidents. D.

On February 16, 2016, the Defendant rendered a decision on the bereaved family’s benefits and funeral expenses on the ground that it is difficult to deem that the Deceased died due to pneumoconiosis or its combination.

(hereinafter “Disposition of this case”). [The grounds for recognition] The entry of Gap Nos. 1 through 3, 5, and 6 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that a proximate causal relation is recognized between the work and the deceased’s death, as the deceased died from severe degradation of the function of the pulmonary function due to pneumoconiosis occurring while engaging in dusty work and its combination (i.e., pulmonary tuberculosis, pulmonary tuberculosis, engine expansion, chronic pulmonary pulmonary disease, and pulmonary pulmonary resuscitation).

Therefore, the defendant's disposition of this case should be revoked because it is illegal.

(b) as shown in the attached Form of the relevant statutes;

C. Fact-finding: (a) On December 1, 2001, 1/2, 2001, 1/2, 2001, 1/2, 1/2, 2001, 1/2, 1/2, 2001, 11-9, 11-9, 2/1, 2/1, 2003, 11-9, 2/1, 2003, 11-9, 2), the deceased’s treatment details and death details of the deceased’s pneumoconiosis diagnosis result in the precise diagnosis conducted on December 9, 202 (Class 1, 200; and (b) the deceased’s treatment details and death details of the deceased’s pneumoconiosis diagnosis conducted in the precise diagnosis conducted on December 9, 202 (Class 11, 203).