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(영문) 서울행정법원 2020.09.11 2019구합71080

유족급여및장의비부지급처분취소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of the deceased B (CB, hereinafter “the deceased”).

From March 20, 1972 to May 16, 1977, the Deceased engaged in dusty work as mining source from Dhutan mine.

B. On January 30, 2018, the Deceased died at the Korea Labor Welfare Corporation E Hospital.

The causes of death in the deceased’s medical certificate of death are as follows:

사망원인 ㈏, ㈐, ㈑에는 ㈎와 직접 의학적 인과관계가 엄격한 것만을 적습니다.

㈎ 직접사인 만성 호흡부전의 급성 악화 ㈏ ㈎의 원인 폐렴 ㈐ ㈏의 원인 진폐증 ㈑ ㈐의 원인 - ㈎부터 ㈑와 관계없는 기타의 신체상황 -

C. The Plaintiff asserted that the death was an occupational accident and applied for the payment of survivors’ benefits and funeral expenses to the Defendant, as the deceased who had worked in the dusty area died due to the cause related to pneumoconiosis.

On April 13, 2018, the Defendant rendered a decision on site pay to the Plaintiff on the ground that the death of the deceased seems to have resulted from the aggravation of personal illness of the deceased rather than from the malutism of pneumoconiosis.

On July 16, 2018, the Plaintiff filed a request for examination with the Industrial Accident Compensation Insurance Review Committee on the above site pay. However, on September 27, 2018, the said Committee dismissed the Plaintiff’s request for examination on the same ground as the above site pay decision.

On April 12, 2019, the Plaintiff filed a motion again for the payment of survivors’ benefits and funeral expenses for the death of the deceased to the Defendant.

On April 22, 2019, the Defendant rendered a second decision on the Plaintiff’s above application on the ground that it appears that the relationship between the deceased’s death and pneumoconiosis was low (hereinafter “instant disposition”).

(In fact that there is no dispute, Gap's 1 through 3, and Eul's 3, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is that the death of the Deceased caused by pneumoconiosis.