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(영문) 서울행정법원 2016.08.18 2015구합77035

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. The Plaintiff’s husband’s husband B (hereinafter “the deceased”) is an employee who was engaged in coal dust work in the Seocho Mining Center, Kangwon (Seoul) and was diagnosed by pneumoconiosis symptoms around April 1995, and was determined as a result of the close examination conducted around June 2002, as a result of the close examination conducted around June 2002, the type of pneumoconiosis-type 1 (1/0), a serious disability in cardiopulmonary function (F2), and a type of pulmonary disease (F2), and obtained medical care approval from the Defendant around that time.

B. While the Deceased was hospitalized in C Hospital on August 8, 2014 and was found to be used in the toilet on the part of August 8, 2014, and was sent back to the original sponsic Hospital, but the deceased was killed at the said hospital, and the private person was directly indicated in the death certificate as “pactinant sponse of acute dysposis.”

C. The Plaintiff asserted that the deceased’s death constitutes occupational accidents caused by pneumoconiosis, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, the Defendant decided on January 15, 2015 that the deceased’s death was caused by pneumoconiosis and acute rearction of the same duction, not by the relevant pneumoconiosis.

(hereinafter “instant disposition”). 2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was caused by pneumoconiosis, and where there was an error in the pulmonary function, the blood pressure between the heart and the end of the body is likely to increase or coloring.

As a result, the deceased died of acute dynamics from the color malopsis caused by pneumoconiosis, so there is a proximate causal relationship between the deceased’s death and pneumoconiosis, and thus, the instant disposition is unlawful.

B. The facts of recognition 1) The deceased’s detailed diagnosis period for pneumoconiosis-type and cardiopulmonary function of the deceased were as follows: (a) The deceased’s disability grade of cardiopulmonary pulmonary function of pneumoconiosis-type complication on April 17, 1995 from April 22, 1995 to April 22, 1995; (b) No. 10/100 from May 29, 200 to June 3, 2000; (c) 07/100 from June 3, 200 to May 14, 2001 to May 19, 200/102 from June 24, 2002 to June 1, 2009 (Seoul High School Disability Grade 07 Grade 00 from June 24, 200 to June 1, 2002).