유족보상일시금및장의비부지급처분취소
1. On June 14, 2012, the disposition of lump-sum survivors' compensation and funeral expenses rendered by the Defendant against the Plaintiff shall be revoked.
2...
1. Details of the disposition;
A. The Plaintiff’s husband’s husband B (hereinafter “the deceased”) worked as the first cancer, and as a result of the precise examination of pneumoconiosis, the medical care was approved as “anthopic pneumoconiosis.” From July 10, 2006, the medical care was provided since July 10, 2006.
B. On February 11, 2012, the Deceased died as “(A) direct death” on the death diagnosis report: Madden and parosis, (b) cause of (A): Embrymosis, and (c) cause of (b): Pneumoconiosis.”
C. On February 15, 2012, the Plaintiff asserted that the deceased died of the pneumoconiosis, which is an occupational disease, and its merger, and claimed for survivors’ benefits and funeral expenses.
However, on June 14, 2012, the Defendant rendered a disposition on the part of the Plaintiff’s bereaved family’s benefits and funeral’s allowance (hereinafter “instant disposition”) on the ground that “There was no chronic closed-end disease to the extent that the degree of pneumoconiosis of the deceased has broken down or the concentration of waste caused once, and that the concentration of waste newly occurred due to other causes, such as dysical opinion inside the extraction site, and salivism in the human mission under the light of the upper right joints section, has deteriorated and died and is irrelevant to pneumoconiosis.”
E. The Plaintiff filed a request for reexamination with the Korea Workers’ Compensation and Welfare Service and the Industrial Accident Compensation Insurance Reexamination Committee, but the request for reexamination was dismissed on December 2012, and the request for reexamination was dismissed on April 26, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. Determination on the legitimacy of the instant disposition
A. The gist of the Plaintiff’s assertion was that considerable pneumoconiosis symptoms have deteriorated, such as suffering from pneumoconiosis-type 4A diseases recognized as occupational accidents at the time of death.
While the deceased was implementing the crypology of a human mission, the pneumoconiosis symptoms suffered from ordinary pain and the pulmonary cryption caused the death by affecting the treatment of the cryposis.
Therefore, there is a proximate causal relationship between the deceased's death and the pneumoconiosis, which is an occupational accident, so the defendant of this case.