beta
(영문) 서울행정법원 2019.08.30 2018구합77005

유족급여및장의비부지급처분취소

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. As a result of the precise diagnosis of pneumoconiosis conducted from July 25, 2005 to July 30, 2005, the deceased B (CB; hereinafter “the deceased”) was judged as class 13 of the disability grade from the Defendant.

B. On December 18, 2013, the Deceased died on January 7, 2014, where he/she received medical treatment from the KLWA Hospital on the ground of the difficulty in repulmonation, etc.

C. On January 17, 2014, the Plaintiff, the deceased’s spouse, claimed that “the deceased died due to pneumoconiosis, which is an occupational disease,” and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant, but the Defendant decided on the site pay on April 1, 2014.

(hereinafter “former Disposition”) D.

On April 16, 2015, the Plaintiff filed a lawsuit seeking the revocation of the previous disposition of this case with the Seoul Administrative Court 2015Guhap6062, and withdrawn it.

(hereinafter referred to as the “former Litigation”). E

On April 4, 2016, the Plaintiff asserted that “the deceased died of a chronic closed disease that occurred while engaging in dusty work in the past,” and claimed the Defendant to pay bereaved family benefits and funeral expenses.

On June 4, 2018, the Defendant confirmed the chronic pulmonary pulmonary disease in the middle of the year of the deceased’s death. The deceased’s chronic pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Elimination.

(F) On the other hand, the defendant on June 4, 2018 affixed the same day as the date of the instant disposition.