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(영문) 전주지방법원 2016.07.06 2015구단585

유족급여 및 장의비 지급거부처분취소

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 deceased B (hereinafter referred to as “the deceased”) worked as a optical part in the mine in the previous week. As a result of the precise diagnosis of pneumoconiosis conducted in September 2001, the medical care was approved in the form of pneumoconiosis-type 0/1, complicationa tbba (activity-pulmonary tuberculosis), bu (pulmonary pulmonary tuberculosis), and thereafter, the deceased on March 24, 201.

In the death diagnosis report, the prior private person of the deceased is pneumoconiosis.

B. On July 28, 2014, the Plaintiff as a wife of the Deceased, claimed bereaved family benefits, funeral expenses, etc., but the Defendant rendered a decision on the site level (hereinafter “instant disposition”) on the ground that the death of the Deceased did not have proximate causal relation with pneumoconiosis, and that the chronic closed disease, a private person, did not constitute occupational chronic pulmonary disease related to his/her duties, was not occupational chronic pulmonary disease (hereinafter “instant disposition”).

C. The Plaintiff filed a request for review on October 13, 2014 regarding the instant disposition, but the Defendant dismissed the request on December 8, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-3, Gap evidence 3-1, 2-2, Eul evidence 1, 2-3, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. From the end of 1978 to the end of 10 years, the Plaintiff’s assertion deceased worked as a optical part of the pit. Prior to death in the death diagnosis report, the prior private person is suffering from pneumoconiosis, and the death by receiving long-term hospitalized treatment due to pulmonary tuberculosis, pulmonary pulmonary pulmonary tuberculosis, chest, plesying, waste conversing, and acute Smoking, which led to the aggravation of the death. As such, the instant disposition of the instant case on a different premise should be revoked as unlawful, even if the relevant nature and work personality are recognized.

B. The facts of recognition (1) The Deceased’s age and work experience are male who was born in 1935, and income was generated in the previous week mine in 1983, work in the previous week mine from March 1, 1985 to August 31, 198, and work in the apartment management office, automobile company, etc. since 190.

(2) The deceased’s smoking power.