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(영문) 서울고등법원 2014.08.28 2013누30621

유족급여및장의비부지급처분취소

Text

1. Revocation of the first instance judgment.

2. The pneumoconiosis survivors’ pension against the Plaintiff on November 4, 201 and the pneumoconiosis survivors’ pension against the Defendant.

Reasons

Details of the disposition

From February 1, 1970 to September 1, 1972, the deceased B (hereinafter “the deceased”), who is the husband of the Plaintiff, worked as the coal department belonging to the Korea Coal Corporation and the Young-gu Mining Center for two years and seven months from February 1, 1970. As a result of the precise examination of pneumoconiosis in 2005, the grade 13 of the pneumoconiosis disability was judged as the 1/0 type of pneumoconiosis, and the result of the precise examination of pneumoconiosis in 2010 was determined as the 1/0 type of pneumoconiosis, respectively, as the 13th grade of the pneumoconiosis disability as the 1/0 type of pneumoconiosis. < Amended by Act No. 11010, Aug. 17, 2011>

The Plaintiff asserted that the deceased’s death was caused by the pneumoconiosis, which is an occupational disease, and claimed for the payment of the pneumoconiosis survivors’ pension and funeral expenses to the Defendant. On November 4, 201, the Defendant rendered a decision to refuse the payment of the deceased’s death on the ground that the deceased’s death appears not by the pneumoconiosis symptoms or the combination thereof, but by the hump and the hump and hump infection caused by the hump surgery and the hump surgery (hereinafter “instant disposition”).

[Based on recognition, Gap evidence Nos. 1, 2, 3, 6, and Gap evidence Nos. 7-1 through 6, Gap evidence Nos. 8, 10-1, and 10-2, and the overall purport of the argument as to the legitimacy of the disposition of this case is as follows: The plaintiff's waste collection of the deceased's assertion can be deemed as death of a failed-blood because the pneumoconiosis itself was caused by the pneumoconiosis itself or the pneumoconiosis was affected by the recovery after the operation; even if the cause of death of the deceased was aggravated due to the aggravation of the above cancer, there is a proximate causal relation between the medical history of the deceased's mine and the amacy disease (the occurrence rate of the above cancer is higher than that of the ordinary person in the coal mine).

The attached details of the relevant statutes shall be as specified in the statutes.

Facts of recognition

From February 1, 1970 to September 1, 1972, the Deceased’s pneumoconiosis-dead Deceased worked as Bhutan for two years and seven months, and the result of the precise diagnosis of pneumoconiosis in 2005 and 2010.