유족위로금 청구 반려처분 취소
The rejection disposition of bereaved family consolation benefits rendered by the Defendant to the Plaintiffs on April 30, 2019 shall be revoked.
The costs of lawsuit are assessed against the defendant.
Details of the disposition
The deceased C (hereinafter referred to as "the deceased") is a person diagnosed as a pneumoconiosis and determined as a disability grade in the E Company.
On June 3, 2018, the Deceased died with low oxygen, which is a direct death, pulmonate, pulmonate, and pneumoconiosis, which is a prior death.
On February 1, 2019, the Plaintiffs asserted that they are the deceased’s children and applied for pneumoconiosis survivors’ consolation benefits to the Defendant. However, on April 30, 2019, the Defendant issued a return disposition (hereinafter “instant disposition”) on the ground that the Plaintiffs did not submit a family relation certificate verifying that they are the deceased’s children.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, and the whole purport of pleading are as stated in the relevant Acts and subordinate statutes.
The following facts may be acknowledged in full view of whether the instant disposition is legitimate, Gap evidence 3, 4, and 6 through 10, Eul evidence 1 through 3, and Eul evidence 1 through 3, the results of appraiser F's appraisal, and the purport of whole pleadings.
① The Plaintiffs are registered as children between G and H.
② In addition to the Plaintiffs, G’s various copies of the family register are registered as children of I (I), J (K, K, L), M (M, N),O (O, P), Q (O, Q, R (S, Tre), S (U), and U (U). In addition, all of them are registered as children between G and H.
③ On October 1, 2018, theO and S, which are other children of G, are children of the deceased, not H. In fact, they were children of the deceased. Since the deceased died due to pneumoconiosis on June 3, 2018, the deceased claimed for the payment of pneumoconiosis survivors’ consolation benefits accordingly. On October 1, 2018, the Defendant notified theO and S that the deceased would pay pneumoconiosis survivors’ consolation benefits.
④ The Deceased was a child of W and X, W and X had Y (Y, Zhers) in addition to the Deceased, and Y had AB as her child.
(5) The U.S. DNA (mtNA) is transferred only to the mother system.