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(영문) 춘천지방법원 2018.04.17 2016구합51304

유족급여및장의비부지급처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

The network D (EE; hereinafter referred to as "the network") has been engaged in dusty work in the mining station, such as Dong New Co., Ltd. for about eight years from November 25, 1985 to March 25, 191; from April 1, 1991 to June 30, 1993; and from December 1, 1994 to May 3, 1995.

around September 199, the Deceased was judged to receive medical care due to symptoms of pneumoconiosis, active pulmonary tuberculosis, etc., and died at the KOWC Taesan Hospital on March 3, 2016.

The death diagnosis written by the doctor of the above hospital is written by the doctor of the above hospital: The acute respiratory part, the cause of (b): the waste; the cause of (c) the pneumoconiosis aggravation, the pulmonary part, the pulmonary part, the pulmonary part, and the cause of (d)(c).

The Plaintiffs, as their children, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant on the ground that the death of the Deceased constitutes occupational accidents.

On May 25, 2016, the Defendant rendered a decision to pay bereaved family benefits and funeral expenses (hereinafter “instant disposition”) on the ground that “the type of pneumoconiosis falls short of one type, and cannot be seen as death related to pneumoconiosis” (hereinafter “instant disposition”).

【Ground of recognition” without any dispute, entry of Gap evidence 1, 3, and 4, and entry of the entire purport of pleading in the attached Form of relevant Acts and subordinate statutes.

The summary of the Plaintiff’s assertion as to the legitimacy of the instant disposition is that a proximate causal relationship is recognized between the deceased’s work and the deceased’s death, since the deceased’s death directly contributed to the pneumoconiosis and its combination incurred while engaging in dusty work in the past, or died due to the death of the deceased’s death by contributing to the death along with any other le

Therefore, the instant disposition should be revoked as it is unlawful.

Facts of recognition

As a result of the precise diagnosis of the deceased on September 1, 1999, the deceased’s medical treatment details and the reasons for the death have been first treated by the Korean Industrial Accident Medical Center Hospital on March 20, 1998. < Amended by Presidential Decree No. 15093, Mar. 20, 1998; Presidential Decree No. 15083, May 17, 1999; Presidential Decree No. 15095, Sep. 1, 1999; Presidential Decree No. 1717, Sep. 1, 1999>