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(영문) 서울행정법원 2015.03.13 2012구합41844

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 husband’s husband B (CB, hereinafter “the deceased”) worked as a mining source for approximately twenty-three years from around 1972 to around 195 at the D Mining Center of the Korea Coal Corporation.

B. Around November 201, the Deceased died on January 2, 2012, when he/she was receiving medical treatment at the Daegunam University Hospital due to the aggravation of the waste of the deceased, such as a paradox, al, heat, low blood pressure, and an increase in the number of leuk-gu.

C. On February 14, 2012, the Plaintiff asserted that the death of the deceased was caused by pneumoconiosis, which is an occupational disease, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on May 18, 2012, the Defendant rendered a decision to refuse payment on the ground that the causal relationship between the pneumoconiosis and the merger thereof, which is an occupational disease, and the death of the deceased, cannot be recognized.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed a request for examination, but was dismissed on September 14, 2012.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the death of the deceased died due to aggravation of the pneumoconiosis and its combination, and thus, there is a proximate causal relationship between the death and the pneumoconiosis of the deceased.

The Deceased’s Amson’s disease was controlled through medication such as blood pressure, etc., and workplace cancer was not found from the last image of the dunes computer taken before his death on October 1, 201, and thus, the Deceased’s death is not related to the chronic low-term disease such as Teinson’s disease and workplace cancer.

Therefore, the instant disposition is unlawful.

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

C. As a result of the diagnosis at the time of the diagnosis of the recognition of the fact, the examination of the diagnosis of the examination of the examination of the diagnosis of the examination date for the examination of the examination date for the examination of the examination date for the examination of the examination date for the examination of the disease level of the chest radiation pulmonary function, the pneumoconiosis pulmonary pulmonary function of the chest radiation pulmonary function from April 1, 2002 to June 6, 2002, 1/0 Tbbbb F0 from Apr. 26 to May 1, 2004; 1/0tbbbbbbbf from Apr. 26 to May 1, 2004 to May 30 to June 4, 2005.