진폐유족급여및장의비부지급처분취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment by the court on this part is the same as that of the judgment of the court of first instance, and thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. The gist of the plaintiffs' assertion 1) The person suffering from medical care or disability due to pneumoconiosis shall be deemed to have died from pneumoconiosis unless there is a clear counter-proof that he/she died due to an individual disease not related to pneumoconiosis. The deceased, working as the coal mine source for about nine years and eight months, suffering from heavy symptoms, such as the complicated pneumoconiosis symptoms, the merger witness, and the chronic pulmonary pulmonary disease. As a result, the pulmonary function has been severely deteriorated and the pulmonary function has deteriorated due to the pulmonary function of the pulmonary disease, and the pulmonary function has been aggravated due to the aggravation of the pulmonary function due to the pulmonary disease and the pulmonary disease caused the aggravation of the pulmonary condition due to the pulmonary disease, and thus, there is a proximate causal relationship between the deceased's death and the pulmonary disease (hereinafter referred to as "the allegation 1").
(2) Even if the deceased contributed to a considerable portion of the deceased’s death C hepatitis and liver cell cancer, the deceased was diagnosed with chronic virus C infection on May 13, 2010, while hospitalized at Taebag Hospital in accordance with the Defendant’s medical care determination. This result from long-term hospitalization for the treatment of pneumoconiosis and its complication, and as a result, the deceased was exposed to the infected source (explosion, etc., due to the mass life of the patients with pneumoconiosis, etc.) while being hospitalized for a long-term period, and thus, there is a proximate causal relationship between the deceased’s C-type hepatitis and liver cell cancer outbreak and the disease symptoms. This is on duty within the industrial accident insurance-related medical institution under medical care under Article 32 of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 29354, Dec. 11, 2018; hereinafter the same).