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(영문) 서울행정법원 2019.08.13 2018구합79919

진폐유족급여및장의비부지급처분취소

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1. The disposition taken by the Defendant against the Plaintiff on July 20, 2018 as pneumoconiosis survivors’ benefits and funeral expenses, shall be revoked.

2...

Reasons

Details of the disposition

The plaintiff is the deceased B's spouse (the deceased's spouse, hereinafter referred to as the "the deceased"), and the deceased has worked in Dane, a place of work where coal dust occurs from April 1, 1982 to June 16, 1988.

As a result of the precise diagnosis of pneumoconiosis conducted around November 1998, the Deceased was diagnosed as pneumoconiosis symptoms in Type 2 (2/1) of the Pneumoconiosis, and the organ infection accompanied by pneumoconiosis (b), and was determined to receive medical care benefits from the Defendant. On January 1, 1999, the Deceased was hospitalized in E Hospital and received medical care, followed by several hospitals, and was hospitalized in the Korea Workers' Compensation and Welfare Service F Hospital from January 2015.

On November 16, 2017, the Deceased died during the medical care at the Fail Hospital of Korea Labor Welfare Corporation.

The Plaintiff claimed for the payment of bereaved family’s benefits and funeral expenses to the Defendant, but on July 20, 2018, the Defendant notified the Defendant of the decision to dismiss the said claim on the ground that “The deceased did not suffer from pulmonary disease related to pneumoconiosis at the time of the deceased’s death. The deceased notified the Defendant of the decision to dismiss the said claim on the ground that “The causal link with pneumoconiosis cannot be recognized because it is impossible to find out the exact cause of death, as it is not possible to acknowledge the exact cause of death, since the blood pressure and oxygen spread rate decreased as the deceased’s sacrific consciousness was reduced since the deceased’s sacity was repeated during the period nine months before the death

(hereinafter “Disposition” (hereinafter referred to as “instant Disposition”), without dispute, evidence Nos. 1 through 4, and the purport of the entire argument as to whether the disposition of this case is legitimate or not, the Plaintiff’s assertion as to the legitimacy of the disposition of this case was verified with pneumoconiosis and the symptoms of waste converging therefrom, and there were mergers caused by pneumoconiosis evidence from November 14, 2017, before the death of the Deceased.

Before the death, according to the result of the examination of cardiopulmonary function of the Deceased, the Deceased caused by pneumoconiosis.