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(영문) 서울행정법원 2017.08.24 2016구합54985

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The details and details B (C) of the disposition were diagnosed on May 7, 1985, when he worked in the implied mining center of the Gangwon Coal Corporation from March 13, 1979 to December 31, 1983 as a light.

From March 27, 2003 to March 31, 2006, the detailed diagnosis details related to pneumoconiosis are as listed below:

From July 1, 1985 to July 6, 1985, to July 1, 1985, to July 1, 1985, 20/190 to August 21, 1992; from January 6, 1992 to January 11, 1992; from October 22, 198 to September 22, 2008, the Korea Workers' Compensation and Welfare Service was determined as deceased on July 25, 208 (from October 24, 198 to October 24, 2008; from August 21, 201 to April 21, 201 to 3, 206 to April 21, 201).

The death diagnosis is indicated as the direct death, which is the “Smoking machine,” the middle-line event, and the “malilty” which is the preceding death.

(B) On August 12, 2014, the Plaintiff, the deceased’s spouse, claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. On April 15, 2015, the Defendant issued the “disposition of Non-Payment of Survivors’ Benefits and Funeral Expenses” (hereinafter “instant Disposition”) to the Plaintiff based on the result of the advice of the vocational waste medical research institute that “The proximate causal relation between the deceased’s and the cause of death is not recognized” (hereinafter “instant Disposition”).

[Based on recognition] A-5, 7, and 1-5 evidence, and the purport of the whole argument of the Plaintiff’s argument was that the deceased suffered from pneumoconiosis for about 30 years, and its symptoms have deteriorated. The merger certificate led to the outbreak of scarcity, etc., and the reduction of physical strength and immunity was caused due to extreme pulmonal difficulties before the death.