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(영문) 광주지방법원 2016.06.15 2015구단113

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. A. Around May 2010, the deceased B (hereinafter “the deceased”) was diagnosed of pneumoconiosis (type 1/0) and tbath (i.e., pulmonary tuberculosis accompanied by pneumoconiosis) and died on December 30, 2013 while receiving medical care in C Hospital with the Defendant’s medical care approval.

B. On January 13, 2014, the Plaintiff, a wife of the Deceased, filed an application with the Defendant for the payment of bereaved family benefits and funeral expenses by asserting that the Deceased died of pneumoconiosis, which is an occupational disease. On February 25, 2014, the Defendant rejected the payment on the ground that it is difficult to deem there exists a causal relationship between the Deceased’s death and pneumoconiosis. (hereinafter “instant disposition”).

C. The Plaintiff filed a request for examination with the Defendant, but rejected the request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, but the said request was dismissed on November 6, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1-1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s cause of death is the convergence of pneumoconiosis and its accompanying waste. Even if it is not the direct cause of pneumoconiosis, chronic closed-pulmonary disease accompanied by pneumoconiosis has deteriorated due to its acute aggravation, and thus, there is a proximate causal relation between occupational disease and the death of the deceased. However, the instant disposition is unlawful on a different premise, provided that there is no causal relation between the death of the deceased and the occupational disease.

(b) as shown in the attached Form of the relevant statutes;

C. (i) The Deceased’s past career, treatment, and death history (i.e., the Deceased’s work as D, and (ii) on June 1, 1959, the Deceased was employed in the mine department of the Korea Coal Corporation as the Dirs, and was determined as pneumoconiosis (type 1/0), cardiopulmonary function F0, and disability grade 1-type armed forces in the close diagnosis around November 2002, and around February 2004, the Deceased was determined as pneumoconiosis (type 1/0), cardiopulmonary function F1/2, and disability grade.