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(영문) 광주지방법원 2017.04.06 2016구단11516

유족급여 및 장의비 부지급처분취소 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. Nonparty B (hereinafter “the deceased”) was killed in the House on February 25, 2015 while receiving diagnosis of pneumoconiosis in the precise diagnosis of pneumoconiosis while working as a mining source at the Korea Coal Corporation’s Round Mining Center.

B. On July 14, 2015, the Plaintiff, the deceased’s spouse, asserted that the deceased died of the respiratory distress caused by pneumoconiosis, and that he/she claimed bereaved family’s benefits and funeral expenses.

C. On November 13, 2015, the Defendant decided not to grant approval on the ground that there is no proximate causal relation between the deceased’s death and pneumoconiosis.

(hereinafter “instant disposition”) D.

The plaintiff was dissatisfied with the request for examination, but the claim was dismissed on May 16, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 7, Eul's evidence 1, the purport of whole pleading

2. Whether the instant disposition is lawful

A. After being judged on January 16, 1985 as to the Plaintiff’s assertion 1 type of pneumoconiosis (1/1), the deceased judged as pneumoconiosis-type 4A, 11 class 9 of the disability grade due to aggravation of the symptoms, and continued to be hospitalized from doctors due to pulmonal difficulty, pulmonary treatment, outpatients, and plessis, etc. until February 23, 2015, immediately before the death, and died due to the pulmonary disorder and pulmonary disorder due to the symptoms of steam inhales, oxygen treatment, beer therapy, beer therapy, and so on. Accordingly, the death of the deceased was caused by pneumoconiosis, and thus, there is a proximate causal relation between the duties of the deceased and the duties of the deceased, the instant disposition taken on a different premise is unlawful.

B. The facts of recognition 1) The deceased’s gender, age, and career are Cirst’s male, who was employed in the Korea Coal Corporation on May 14, 1970 and worked as a mining source. The deceased was 75 years of age at the time of death. 2) The results of the precise diagnosis of the deceased’s pneumoconiosis, such as being diagnosed by the precise diagnosis on January 16, 1985, are as follows.

type C of examination date.