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(영문) 서울행정법원 2019.04.05 2018구합72352

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. On October 4, 2010, the Plaintiff’s spouse, worked as a luminous source in D, etc., the Plaintiff’s spouse was determined as pneumoconiosis type 1(1/1) and as a result of the pneumoconiosis diagnosis, the medical care was provided upon receiving a diagnosis as a result of the diagnosis on pneumoconiosis type 1(1/1) and a combined pulmonary tuberculosis (tba).

B. On December 13, 2016, the Deceased died while being hospitalized at a hospital specializing in the elderly in Bosong-si, and the deceased’s death diagnosis report contains a “multi-soft long-term depression” as a direct death, and a “aftermacy of Masong-si cancer” as a result thereof.

C. The Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant, but on May 19, 2017, the Defendant rendered a decision on the bereaved family’s benefits and funeral funeral expenses on the ground that “the deceased’s death does not have proximate causal relation with the pneumoconiosis, which is an occupational or approved injury.”

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Board of Audit and Inspection via the Defendant, but the Board of Audit and Inspection, on April 27, 2018, dismissed the Plaintiff’s request for review on the same ground.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 6 (including branch numbers, hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the function of the pulmonary function was deteriorated due to the pneumoconiosis, and that the pulmonary function was deteriorated due to the drugs administered in the course of treatment, such as pulmonary tuberculosis, scarcity infection, and scarcity infection, and thus, there is a proximate causal link between the death of the deceased and the pneumoconiosis symptoms, which are occupational diseases.

Therefore, the instant disposition taken on a different premise should be revoked in an unlawful manner.

(b) as shown in the attached Form of the relevant statutes;

C. As a result of the precise diagnosis on pneumoconiosis for the Deceased, the diagnosis time for the diagnosis on the function of the diagnosis shall interfere with the diagnosis of pneumoconiosis in the diagnosis time.