유족급여및장의비부지급처분취소
1. On January 27, 2016, the disposition that the Defendant rendered to the Plaintiffs on January 27, 2016 as bereaved family benefits and funeral site wages shall be revoked.
2...
1. Details of the disposition;
A. The network H (I) whose father is the Plaintiff’s father (hereinafter “the deceased”) served as a mining source in the JSY Co., Ltd. from October 1, 1991 to June 1, 1996.
B. As a result of the precise diagnosis of pneumoconiosis conducted on February 22, 199, the Deceased was subject to the determination of disability grade 11 by diagnosis of Type 2 (2/1) and cardiopulmonary function F0 (normal). On July 4, 2002, the Deceased obtained the approval of the medical care due to pneumoconiosis symptoms and the pulmonary tuberculosis (tba) for the pulmonary pulmonary tuberculosis (hereinafter “K Hospital”), and died at the above hospital on October 2, 2015.
The deceased’s chief supervisor diagnosed the deceased’s direct death as “hnepulmonology,” “hummatization,” “hummatization,” “malopsis, chronic closed-pulmonary disease,” and the causes of the preceding death as “malopum.”
C. The Plaintiffs asserted that the Deceased died due to the pneumoconiosis symptoms and their mergers, which are occupational diseases, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant.
On January 27, 2016, the Defendant rendered a disposition of bereaved family’s benefits and funeral site wages on the ground that “the proximate causal relationship between pneumoconiosis and the death of the deceased is not recognized.”
(hereinafter “instant disposition”) D.
The Plaintiffs filed a petition for examination against the instant disposition, but the Defendant dismissed the petition on July 28, 2016.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 10 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. Whether the instant disposition is lawful
A. The summary of the plaintiffs' assertion is that the death and work of the deceased have caused the aggravation of the function of the deceased due to the pneumoconiosis, which is an occupational disease, and the combination thereof, and the treatment has been caused by several symptoms, such as difficulty in respiratory and pulmonary waste, and therefore, there is a proximate causal relation between the death and work of the deceased.
Therefore, this is made on different premise.