유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the spouse of the deceased B (CB; hereinafter referred to as “the deceased”), and the deceased, who had been working in the mining center, such as D, was determined as “ pneumoconiosis 1 type (1/2) and active pulmonary tuberculosis in the pneumoconiosis health examination conducted at the E hospital in 2010, and died on February 14, 2013 when receiving medical care at the E hospital.
B. On February 19, 2013, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death was caused by pneumoconiosis and a merger. However, on April 29, 2013, the Defendant rendered a decision on the site price (hereinafter “previous disposition”).
The plaintiff received a request for examination of the previous disposition against the defendant, but was dismissed, and was dismissed on March 20, 2014, even though the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination.
C. On January 8, 2016, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the death of the deceased was caused by pneumoconiosis and a merger. However, on January 11, 2016, the Defendant rendered a decision on the site price (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The instant disposition is unlawful on the ground that there is a proximate causal relationship between the Plaintiff’s alleged occupational disease, the pneumoconiosis symptoms and the combination thereof, and the death of the deceased.
B. Fact 1) In the deceased’s death diagnosis report, a direct private person directly in the deceased’s death diagnosis report refers to “hump, the cause of a direct private person’s death is indicated as “hump” and “malule” and “malule’s causes of a direct private person are indicated as “malule”. 2) Pneumoconiosis refers to a state of organized reaction with a dust in the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary.
The pneumoconiosis symptoms are ple X-ray tests or high-sea single-story photography (HRCT).