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(영문) 서울행정법원 2016.08.18 2015구합55721

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. The Plaintiff’s spouse B, from March 1, 1966 to March 21, 1984, worked for the Korea Coal Corporation’s coal mining center for 18 years.

B. Since the precise examination conducted in 2002 by the Defendant, B was recognized as Grade 11 ( Pneumoconiosis-type 4A, cardiopulmonary function F1/2) by the precise examination conducted in 2006, B was recognized as Grade 9 ( Pneumoconiosis-type 4B, cardiopulmonary function F1/2) by the precise examination conducted in 2006, and was recognized as Grade 5 ( Pneumoconiosis-type 4B, cardiopulmonary function F1) by the precise examination conducted in 201, and received disability benefits corresponding thereto.

C. At around 10:00 on March 6, 2014, B was discovered in a de facto new state from a shot toilet and was sent back to the Taeksan Hospital, and died at around 18:40 on the same day.

(hereinafter referred to as “the deceased”) B. D.

On September 17, 2014, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses, and the Defendant rendered a decision not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiff on the ground that “the deceased is highly likely to have died due to urine and cardio-cerebrovascular diseases unrelated to pneumoconiosis” (hereinafter “instant disposition”).

E. The Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant, but the said request for examination was dismissed on December 5, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 and 7 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. A. Around May 2002, the Plaintiff’s assertion was already returned to the complicated pneumoconiosis 4A of pneumoconiosis-type 4A, and thereafter, the deceased’s cardiopulmonary function has been deteriorated. As such, the deceased is highly likely to have died due to the pneumoconiosis and the aggravation of the merger thereof.

Even if the death of the deceased is the existing heart disease.