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(영문) 서울행정법원 2018.02.09 2017구합52566

유족급여및장의비부지급처분취소

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. The Plaintiff’s husband’s husband’s net B (CB, hereinafter “the deceased”) worked as a mining part from the Dhot mine in which smokeless coal mines were operated for a period of 13 years and 5 months from February 1, 1962 to July 1, 1975.

B. As a result of the precise diagnosis of pneumoconiosis from November 9, 1998 to the 14th day of the same month, the Deceased was judged as Grade 11 Grade 9 due to C’s pneumoconiosis 2/2, and cardiopulmonary function F0(normal). From August 2, 2010 to the 6th day of the same month, the Deceased was determined as Grade 11 Grade 16 of the disability grade due to C’s pneumoconiosis 2/3, and cardiopulmonary function F’s pneumoconiosis 16 of the same month.

C. On May 20, 2015, the Deceased died on September 17, 2015, where he/she received hospitalized treatment in Seoul Sungsung Hospital, Evalescent Hospital, etc.

The Plaintiff asserted that the deceased died from pneumoconiosis symptoms and a combination thereof, and claimed the Defendant for the payment of the pneumoconiosis survivors’ pension and funeral expenses. However, on December 30, 2015, the Defendant rendered a claim for the payment of the expenses of the pneumoconiosis survivors’ pension and funeral expenses (hereinafter “instant disposition”) on the ground that it is judged that the direct death was discontinued in view of medical records, etc. on December 30, 2015, and that the decline in the immunity function caused by cerebrs, telegraphs (limited to driving restrictions), and that it is difficult to recognize a proximate causal relationship between pneumoconiosis symptoms and the death.

E. Although the Plaintiff filed a request for an examination seeking the revocation of the instant disposition with the Defendant, the Plaintiff was dismissed on June 2016, and the Industrial Accident Compensation Insurance Review Committee again filed a request for reexamination but was dismissed on November 2016.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1, 2, Eul 1, 3, 5, and 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased had been diagnosed for pneumoconiosis in 1998 and caused pneumoconiosis, such as 17 years thereafter, fryerosis, crypitis and chronic chronitis, crypitis and crypitis, cryposis, and guest cryp, etc., from the time of death.