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(영문) 울산지방법원 2020.05.14 2018구합7901

진폐유족연금및장의비부지급결정처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The deceased C (hereinafter “the deceased”) is a person who worked in D from March 1, 1975 to April 1, 1986, and the Plaintiff A is a spouse of the deceased and the Plaintiff B is a child of the deceased.

B. On March 5, 1990, the Deceased was diagnosed nine times as a type of pneumoconiosis, and was finally diagnosed as a 1/2 pneumoconiosis type 1/2 pneumoconiosis (the normal) (the pulmonary function F0(the pulmonary function) and judged as disability class 13-16.

C. At around 10:52 on April 16, 2018, the Deceased died from an acute pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Rec. D.

On April 27, 2018, the Plaintiffs filed a claim against the Defendant for the payment of expenses for pneumoconiosis survivors’ annuities and funeral. However, on September 19, 2018, the Defendant rendered a decision to pay the site price on the ground that “The Closed Prepaid cancer is not related to pneumoconiosis, and there is no possibility that the malute cancer occurred due to the process of the malute cancer, and that the progress of the malute infection caused by the diversified organ or the malutism in the register seems to be a direct cause of death, and that there is no proximate causal relation with pneumoconiosis and the death caused by the merger thereof is not recognized.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s 1 through 4, 8, 9, and Eul’s 2, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. After being judged as pneumoconiosis, the Plaintiffs’ assertion had been suffering from chronic pulmonary and pulmonary disease, and continued to have been affected by the pneumoconiosis, which caused acute pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary A, which can be recognized as a substantial causal relationship between the deceased’s death and the pneumoconiosis. Thus, the instant disposition is unlawful.

B. It is as stated in the attached Form of the relevant statutes.

C. The facts of recognition are examined, the respective evidence mentioned above and the evidence stated in Eul evidence Nos. 1 and 4, the result of the court’s commission of physical examination to the head of the F Hospital and the medical corporation’s “G hospital” (hereinafter “G hospital”).