beta
(영문) 서울행정법원 2018.11.29 2018구합61284

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 (C) worked as a mining source (from October 1, 1985 to January 31, 1987, the place or period of work as a mining source prior to the work period of the D Mining Center) at the D Mining Center, and was judged as Type 1 (1) of pneumoconiosis type as a result of a close inspection of pneumoconiosis conducted around October 4, 1985, and was decided by the Defendant on January 26, 2005 on January 16, 2005.

B. B was hospitalized at E Medical Center from January 12, 2017, and died around 05:48 on February 18, 2017 while receiving treatment.

(82 years of age at the time of death, B B, hereinafter referred to as “the deceased”). The causes of the death of the deceased listed in the death certificate issued by the E Medical Center are as follows:

(A) Smoking pulmonary resuscitation (c) which causes direct death under subparagraph (b) of paragraph (1), and pneumoconiosis which causes pulmonary pulmonary resuscitation (c) of paragraph (1), and pneumoconiosis which causes damage under subparagraph (c) of paragraph (d).

C. The Plaintiff died of the Deceased as “low-carbon” due to the pulmonary pulmonary pulmonary Elimination. This is due to aggravation of pneumoconiosis, and thus, on the ground that it constitutes occupational accidents, the Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on August 3, 2017, the Defendant rendered on the ground that “the deceased’s death is determined to have low medical relations with pneumoconiosis,” the Defendant determined the amount of survivors’ benefits and funeral funeral’s non-income.”

(hereinafter “instant disposition”) D.

On January 29, 2018, the Plaintiff dissatisfied with the instant disposition and filed a request for review with the Defendant pursuant to Article 105(1) of the Industrial Accident Compensation Insurance Act, but the Defendant rendered a decision to dismiss the request with the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1, 2, 3, Gap evidence 5-1, 2, 6-1, and 2

2. Whether the instant disposition is lawful

A. The Plaintiff’s mincing agent died of the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary disease, and even if the pneumoconiosis or chronic pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary