유족급여및장의비부지급처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. C (D) served as a mining source at the Korea Coal Corporation E-Mining from November 1, 1987 to March 10, 1992. As a result of the precise diagnosis of pneumoconiosis, C (D) was judged as having been judged as having disability grade 11 due to each pneumoconiosis type No. 2 (2/1) and the cardiopulmonary function (F0) on September 25, 1990 and January 22, 2002.
B. On December 26, 2015, C considered the symptoms of respiratory distress and shoulder pain on December 26, 2015, after having been inside an emergency room of the Young Medical Center on December 27, 2015, C was treated in a middle-user’s room after being diagnosed of the pulmonary and acute abortion by transferring the respiratory distress to a F Hospital, but was killed on December 28, 2015. < Amended by Act No. 13588, Dec. 28, 2015>
(hereinafter referred to as “the deceased”). According to the death diagnosis written by the doctor affiliated with the F Hospital, the deceased’s private person is closed.
C. On April 25, 2016, Plaintiff A and Plaintiff B, a de facto spouse of the Deceased, asserted that the deceased’s death was an occupational accident, and claimed for the payment of survivor pension and funeral expenses to the Defendant. However, on the grounds that “the deceased’s death and pneumoconiosis or pneumoconiosis merger are not proximate causal relation,” the Defendant rendered a disposition of survivor pension and funeral funeral expense (hereinafter “instant disposition”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. As such, the concentration, the main cause of the death of the deceased, which is a complicated pneumoconiosis, is caused by the complicated pneumoconiosis, and even if not, it resulted in the death of the deceased as it was easily caused or rapidly aggravated by pneumoconiosis or its combination. Therefore, there is a proximate causal relationship between the death of the deceased and the pneumoconiosis or its combination, which is an occupational accident, and the death.
Therefore, the instant disposition made on a different premise is unlawful.
(b) as shown in the attached Form of the relevant statutes.
C. 1) The Deceased’s health condition and treatment details are as follows: (a) at the time of death, the Deceased was 73 years of age, 162 meters of age, 162 meters of body weight, 70km; and (b) according to the F Hospital’s medical records, the Deceased was 20 years of age and 30 years of age.