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(영문) 서울행정법원 2017.09.07 2016구합76251

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. B (C birth, hereinafter “the deceased”) who is the husband of the Plaintiff had worked as the coal mine department from Apr. 1, 1978 to Jun. 1, 1982, 4 years and two months from Jun. 1, 1982.

B. The details of precise diagnosis on the deceased’s pneumoconiosis are as follows.

As a result of the determination of the period of diagnosis, the Medical Care shall be conducted from September 10, 201 to September 15, 201, 200 to September 10, 200, bu (non- active tuberculosis) - Medical Care

C. From September 18, 2001 to April 22, 2002, the Deceased provided medical care at the hospital from April 23, 2002 to August 25, 2003, at the hospital from August 25, 2003, at the White General Hospital from August 25, 2003 to April 8, 201, and died on April 20:18.

The death diagnosis is indicated as the direct company’s “Smoking machine”, the middle line event’s “satise and shock”, the front company’s “eatum infection and waste dume,” and the cause of the preceding company’s “matum”.

On July 1, 2016, the Plaintiff claimed bereaved family benefits and funeral expenses to the Defendant, and the Defendant rendered a disposition on the bereaved family’s benefits and funeral funeral funeral expenses (hereinafter “instant disposition”) to the Plaintiff according to the Defendant’s opinion that “the causal relationship with the deceased’s private person cannot be recognized” (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. In light of the fact that the Plaintiff’s assertion suffers from a long-term pneumoconiosis merger witness’s "explic expansion of the engine" and caused permanent damage to the engine and the organization, the symptoms before the death should be viewed as a general and phased symptoms through aggravation of pneumoconiosis and a complication, and even if the existing disease of the deceased contributed partially to the death, there is a proximate causal relationship between the deceased’s death and the pneumoconiosis.

Therefore, the instant disposition is unlawful.

(b) judgment;