유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
The deceased B (C life, male, hereinafter referred to as "the deceased") worked in D Co., Ltd for about nine years and eight months from February 4, 1970 to September 20, 1979.
As a result of the precise diagnosis of pneumoconiosis on August 1999, the Deceased was judged to suffer from pneumoconiosis-type symptoms (type 0/1), complicationic pulmonary tuberculosis (tba), and died on February 5, 2017 while receiving medical care at E Hospital.
The direct deathist in the deceased’s death diagnosis report is “waste collection”.
The Plaintiff, as the wife of the Deceased, caused the death of the Deceased due to pneumoconiosis, constitutes occupational accidents, and claimed the Defendant to pay survivors’ benefits and funeral expenses.
On April 27, 2017, the Defendant rendered a decision on the bereaved family’s benefits and funeral allowance (hereinafter “instant disposition”) to the Plaintiff according to the Plaintiff’s opinion of advisory opinion that “it is difficult to deem that the Plaintiff died of a cause related to pneumoconiosis less than one type of pneumoconiosis.”
【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 3, and Eul evidence Nos. 1, 3, and the purport of the entire argument as to the legitimacy of the disposition of this case was disclosed to the coal dust for about 9 years and 8 months, and as a result, the deceased was exposed to the coal dust for about 18 years upon receiving a decision of medical care as a pulmonary tuberculosis for pneumoconiosis and its merger witness’s active tuberculosis.
From May 31, 2010 to June 4, 2010, the Deceased had been suffering from pneumoconiosis at the KWC Taesan Hospital. According to the opinions at the time, the deceased’s pulmonary function was not very good, and the cardiopulmonary function was not very good (F3).
Therefore, since the deceased died as a result of the abnormal accident caused by work, there is a proximate causal relationship between the deceased’s death and pneumoconiosis and the certificate of merger, and the disposition of this case on a different premise is unlawful.
It shall be as shown in the attached Form of the relevant statutes.
Medical opinion (the result of the request for appraisal of medical records to the Director of the Fmedical Center of this Court) is applied for by the defendant.