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(영문) 서울행정법원 2018.10.19 2016구합83525

진폐유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The deceased B, the husband of the Plaintiff (hereinafter referred to as “the deceased”), is a person who has been employed as a luminous source from April 1, 1971 to August 1, 1984.

On October 9, 1996, the Deceased died as a cardiopulmonary stop at the Korea Workers' Compensation and Welfare Service East Sea Hospital (hereinafter referred to as the "Dong Sea Hospital"), which was hospitalized on February 20, 2016, and was hospitalized in around 07:23, while receiving the determination of medical care due to pneumoconiosis-type 4A, cardiopulmonary injury (F3).

The records of precise diagnosis of the deceased are as follows:

From September 17, 1984 to September 22, 1984 - 11 to September 2, 1984 - 11 to October 23, 1993 to October 23, 1993 - 11 to 9 - 4A- 1/2 of 195 to November 6, 1995 to November 11, 1995 to 16, No. 996, the Plaintiff claimed that the deceased’s death was an occupational accident, and that the deceased’s death was paid at the expense of the survivor’s pension and funeral, but the Defendant did not receive a proximate causal relation between the deceased’s death and the deceased’s death (the deceased’s death was not recognized on the ground that there was no proximate causal relation between the deceased’s death and the funeral’s death (the deceased’s death). < Amended by Presidential Decree No. 14010, Dec. 14, 1996>

In light of the fact that there was no dispute over the ground of recognition, the purport of the statement of Gap's 1-5 and the purport of the entire argument, the plaintiff's assertion as to the legitimacy of the disposition of this case was a state with heavy pneumoconiosis as 4A and the high-pulmonary function disorder (F3), and chronic pulmonary pulmonary disease was suffering, and there was no personal disease other than the pneumoconiosis symptoms and a merger certificate, the deceased's death is the main cause of the pulmonary part due to the pneumoconiosis or its merger.

Therefore, the instant disposition is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Article 91-10 of the Industrial Accident Compensation Insurance Act recognizes that an employee who is or was engaged in dusty has died of pneumoconiosis, complication thereof, or other causes related to pneumoconiosis.