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(영문) 서울고등법원 2019.08.21 2018누42728

진폐유족급여및장의비부지급처분취소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts to be filled or added below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The Deceased was treated with pneumoconiosis symptoms, complications thereof (pulmonary pulmonary tuberculosis, pulmonary pulmonary pulmonary Sponism), and pulmonary pulmonary resuscitation.

On Jan. 20, 2003, the deceased's destruction species showed the aggravation opinion that spreads to the whole quantity of the pulmonary wastes from chest CT on Sep. 4, 2009, compared to the ple X-ray's reading result.

on January 21, 2003, FVC reduced by approximately 33% from March 67, 2003 to December 23, 2013, and 1 primary Efforts (FV1) reduced by approximately 35% from 1.67 liter to 1.08 liter.

On September 4, 2014, the Deceased was measured at 2.87liter, 1.34liter, 1.34liter and 47% of daily rate (FEV1/FC) in the end-of-life function test conducted on September 4, 2014.

According to the results of this inspection, the deceased is a chronic pulmonary disease (COPD).

The Deceased complained of a paradver, Aras, pulmone, pulmone, and pleasia, and he administered the extension of the engine site, the truth-explosion, theme agents, and the telegraphic body, and provided oxygen treatment.

At the time of the occurrence of the waste collection, the antibiotic system was administered.

From March 3, 2014, the Deceased, who was nine months prior to the death, was showing respiratory distress and low oxygen symptoms (the oxygen 92.6%, the oxygen pressure 66.6mHg (the sofcalled 75-100mHg)), and was supplied with oxygen from November 5, 2014, which was one month prior to the death to three liters.

The calendar and pulmonary blood pressure are those caused by aggravation of pneumoconiosis, pulmonary type, and chronic pulmonary pulmonary disease of the deceased.

In the event of a pulmonary blood pressure and trimo plate maloma, continuous bridges may occur, and as the gromatic heart continues to exist, the overwork at the heart and the secondary heart maloma may cause bad faith.