유족급여 및 장의비 부지급처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B, the Plaintiff’s spouse (CB; hereinafter “the deceased”), worked as a mining source in Taecheon-si D located in Taecheon-si, Taecheon-si, the U.S. mine. At the diagnosis conducted on September 2008, the pneumoconiosis level 1/1, F1/2, and grade 11/9 of the disability grade was determined.
B. On April 11, 2013, the Deceased died of “the pulmonary part of the pulmonary part, the intermediate part of the pulmonary part, the pulmonary part of the body, the body of the body of the deceased, and the pulmonary part of the body of the deceased.” The Plaintiff asserted that the death of the deceased constituted occupational accidents and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on January 9, 2014, the Defendant rejected each of the above claims by reason that “the deceased died, regardless of pneumoconiosis, at least, on the ground that the pulmonary part of the pulmonary part of the deceased was rarely
(hereinafter “Disposition in this case”). 【No dispute exists, entry in Gap’s evidence Nos. 1 through 4, 6, and 7, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the disease was caused by the pneumoconiosis, which is an occupational disease, and the Plaintiff died from the respiratory part resulting therefrom, there is a proximate causal relationship between the deceased’s death and the pneumoconiosis.
Nevertheless, the instant disposition, which is contrary to the premise, is unlawful.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. In fact, the Deceased’s death-type and cardiopulmonary function was examined from October 2004 to September 2008. The specific diagnosis results are as follows. The disability grade in the cardiopulmonary function of pneumoconiosis (complication) during the precise diagnosis period is from October 11, 2004 to October 16, 2004; 1/1 of Boansan Hospital; tbbbi- non-activity pulmonary tuberculosis F0 ( Normal) 13 to 13 on January 23, 2006 to 2006; 1/1 of the Seocheon Pulan Hospital; tbi-20 on April 23, 2007 to 13 to 207; 1/100 on April 23, 2007 to 13 to 207; 1/100 on May 13, 2007 to 201 to 31.21, 207.