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(영문) 서울행정법원 2019.11.15 2018구합71854

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 March 23, 2009 to March 27, 2009, the deceased B (hereinafter “the deceased”) was judged to be Grade 13 of the disability grade from the Defendant, as the result of the precise diagnosis of pneumoconiosis conducted from March 1, 1971 to April 20, 1978.

B. On February 12, 2018, the Deceased died in the course of hospitalization at the E Hospital, and on the death certificate prepared by the FF of the above Hospital, the direct death of the Deceased is the closure.

C. The Plaintiff, the deceased’s spouse, claimed for the payment of bereaved family’s benefits and funeral expenses to the Defendant.

On May 3, 2018, the Defendant rendered a disposition of paying bereaved family benefits and funeral expenses on the ground that “the fact that there is low medical relationship between the cause of death and pneumoconiosis of the deceased is a large number of medical opinions of the Defendant advisory doctors.”

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case] is without dispute, entry in Gap’s 1 through 5, 8, and Eul’s 1 (including branch numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was in a state where the pulmonary function and immunity were deteriorated due to the pneumoconiosis, and the above pneumoconiosis was independently or in combination with avian influenza, resulting in a direct death, and further the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary exc

Nevertheless, the instant disposition that deemed that the death of the deceased does not constitute an occupational accident is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. The facts of recognition 1) As a result of the precise diagnosis of pneumoconiosis against the Deceased, the result of the precise diagnosis of the precise diagnosis of the deceased, as a result of the precise diagnosis of the cardiopulmonary function of cardiopulmonary combined assessment during the precise diagnosis period from July 26, 199 to July 1, 31, 199 to July 31, 199 (normally) 1/10 (normally, from March 23, 2009 to March 27, 2009 to March 1, 27, 2009 to June 16, 2010 to June 7, 2010 to June 11, 2010 to 1/2 (minor disability.).