2. The costs of lawsuit shall be borne by the Plaintiff.

A. The deceased B (hereinafter “the deceased”) died at the age of 74 years on February 16, 2013, and the Plaintiff is the deceased’s spouse.

B. On March 12, 2013, the Plaintiff claimed expenses for the pneumoconiosis survivors’ pension and funeral on the ground of the deceased’s death.

C. On July 25, 2013, the Defendant rendered a disposition against the Plaintiff on the ground that “it is difficult to recognize the cause of the deceased’s death as a result of pneumoconiosis and pneumoconiosis mergers” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has caused pneumoconiosis by engaging in mining work over 25 years.

The Deceased suffered from the normal respiratory distress and the pulmonary disease resulting therefrom due to pneumoconiosis, and the physical function of the Deceased has been deteriorated beyond natural progress.

Since the Deceased died with pneumoconiosis and a complication, the instant disposition was unlawful on a different premise.

B. Determination 1) The "occupational accident" under the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee's occupational injury while performing his/her duties, and there is a proximate causal relation between his/her duties and the accident. In this case, the causal relation between the employee's duties and the accident should be attested by the claimant (see, e.g., Supreme Court Decision 2001Du7725, Feb. 5, 2002). 2) In this case, the statement of the causal relation between the employee's duties and the accident, Eul evidence No. 3, the court's inquiry of the medical record appraisal of the Kyang University Hospital and the Korean Medical Association; the result of this court's inquiry of the medical record appraisal of the Korea Medical Doctor Association; i.e., the following circumstances recognized by the entire purport of the pleading; i.e., the deceased's intensive diagnosis of pneumoconiosis from 192 to 203.