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(영문) 서울행정법원 2020.02.06 2019구합60943

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 non-party B (CF) served as the coal reserve for about 13 years and 8 months from around 1971 to October 198, and engaged in dusty work.

B. B was diagnosed as a chronic closed disease on May 21, 2015. On August 29, 2017, the Defendant determined the disability grade B as class 3 4 and paid disability benefits.

(hereinafter referred to as " chronic closed disease of this case") C.

B, around 09:50 on April 10, 2018, the E Family Council located in the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of her returning to the F Hospital after prescribing the medication with symptoms such as respiratory distress, mecium, mecium, and telegraph pain. At around 15:00 on the same day, the E Home Council died of a multi-life-long line due to waste collection at around 20:14 on the same day.

(hereinafter referred to as “the deceased”) B. D.

The Plaintiff, the deceased’s spouse, filed a claim with the Defendant for the payment of pneumoconiosis survivors’ annuities and funeral expenses, claiming that the deceased’s death was an occupational accident.

On August 9, 2018, the Defendant rendered a disposition not to pay the death of the deceased and on the ground that there is no proximate causal relation between the deceased’s death and the approved injury of the instant case (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the cause of the death of the deceased alleged is discarded, and generally, the risk of the outbreak of waste is higher than six times the general person, and the patient suffering from the death of the deceased, which was irrelevant to the pulmonary collection of the deceased, the waste collection, which is the cause of the death of the deceased, shall be deemed to have been caused by the death of the deceased or at least a natural progress rate aggravated.

Therefore, the Deceased is related to pneumoconiosis, complication, and other pneumoconiosis.