유족급여및장의비부지급처분취소
1. The disposition that the Defendant rendered against the Plaintiffs on September 17, 2014 as bereaved family benefits and funeral expenses shall be revoked.
2...
1. Details of the disposition;
A. I, who is the father of the plaintiffs, worked as the mining source of coal mines for more than 20 years at the place of business in the area of the Yeung-si, the Yeungdong-si and the Yeungeung Mining Business Co., Ltd. (hereinafter "the place of business in this case").
B. At the close examination conducted in 2008, I confirmed pneumoconiosis Type 1 (1/1) and brematitis (brematitis), and died on June 17, 2014 among those who were hospitalized in the East Sea Hospital under the Defendant’s control and obtained approval for the medical care from the Defendant, and was hospitalized in the East Sea Hospital.
(hereinafter referred to as “the deceased”). (c)
On July 1, 2014, the Plaintiffs filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses, if the Deceased died due to pneumoconiosis. On September 17, 2014, the Defendant rendered a decision against the Plaintiffs to not pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”).
The Plaintiffs were dissatisfied with the instant disposition and filed a request for examination to the Defendant, but were dismissed on February 23, 2015, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination, but the reexamination was also dismissed on July 16, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 8 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. At the time of the death, the Deceased claimed by the Plaintiffs had aggravated pneumoconiosis to the extent that the fiberization of the waste was confirmed, and there was a serious obstacle to the function of the waste.
In addition, at the time of death, the deceased was infected with the plenary session of pneumoconiosis at the time of death.
In accordance with the aggravation of the deceased's pneumoconiosis and the aggravation of the pulmonary function caused by the combination, the pulmonary heart occurred to the deceased and caused the impairment of the heart function, such as the heart.
Therefore, the heart of the defendant, which is considered as the cause of the death of the deceased, is also caused by the pneumoconiosis of the deceased, and ultimately, proximate causation exists between the death of the deceased and the pneumoconiosis.