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(영문) 서울행정법원 2014.07.10 2013구합57778

유족보상금등부지급처분취소청구

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 Plaintiff’s husband, the husband of the Plaintiff (CB, hereinafter “the deceased”) retired from his office on March 1, 1975 through October 1, 1978, when he was on duty as a mining unit belonging to the Taesung (Ssung), Taesung District Corporation, Dasan Mining Center, for three years and seven months from October 1, 1978.

B. On January 18, 2013, the Deceased died of around 23:40 on January 22, 2013, when the medical corporation, East Chuncheon Medical Foundation, which had been hospitalized at the Dol Economic Day Hospital (hereinafter “Mono-dong”) at 25 (Mono-dong”), due to the outbreak of brain death.

The direct private person of the deceased as indicated in the death diagnosis document prepared by the doctor D on January 23, 2013 by the literature-economic day Hospital D is “pactic respiratory part”, the intermediate person is “pulmonary cancer”, and the former person is “harm”.

C. On March 5, 2013, the Plaintiff requested the Defendant to pay survivors’ benefits and funeral expenses.

However, on May 22, 2013, the Defendant rendered a land-based disposition against the Plaintiff on the ground that “the deceased cannot be deemed as having died of pneumoconiosis and its combination, so there is no proximate causal relation between the deceased’s death and his work.”

(See Evidence No. 6, hereinafter referred to as the "disposition of this case"). 【No dispute exists, Gap evidence Nos. 1, 2, and 6, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. At the time of the Plaintiff’s death, the Deceased suffered from pneumoconiosis-type 4A and complicated pneumoconiosis-type 3.5 cm of the size of the decision.

However, the complicated pneumoconiosis is caused by respiratory difficulty, cardio-high blood pressure, and fluoral heart function, as the disease is in progress, and it can cause death in itself as well as may cause death.

Therefore, the Deceased died due to complicated pneumoconiosis caused respiratory distress, cardiopulmonary blood pressure, and cardiopulmonary function disorder, or caused cardiopulmonary disease caused by pneumoconiosis, and died due to cardiopulmonary disease caused by pneumoconiosis, or caused by the pulmonary disease, or caused by the pulmonary disease.