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(영문) 서울고등법원(춘천) 2017.07.19 2017누324

유족급여및장의비부지급처분취소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) served from October 24, 1973 to March 29, 1982 as the collection line C from the Korea Coal Corporation C for eight and five years from March 29, 1982.

B. Around June 2011, the Deceased expressed the type of pneumoconiosis-type 2/1, complication tbbiopulmonary tuberculosis, q/t noise diameter, width at the Yong-Nam Hospital of Yong-Nam in Yong-Nama, a medical corporation around June 201.

(C) The deceased’s death and pulmonary treatment of pneumoconiosis 1.5m but not more than 3m (p: 1.5m but not more than 10m; r. 1.5m and not more than 10m) were determined by the size of the Rule-based shape, p,q, and r, and the non-permanent volume of food s, t, and u.m. The size of the pneumoconiosis 1.5m and not more than 3m (s: 1.5m and not more than 3m; u: 10m and not more than 10m) and the determination of the size of the Rule-based shape and the 11m disability 16m.

(2) On June 21, 2013, the Plaintiff appealed and filed a request for examination against the Defendant on June 21, 2013, and the Defendant rendered a decision to dismiss the Plaintiff’s request after deliberation by the Industrial Accident Compensation Insurance Examination Committee on August 30, 2013. The Plaintiff filed the instant lawsuit on November 29, 2013 (based on recognition) [Attachment] Nos. 1, 2, 4, 5, 8, and 13 (including virtual numbers, and evidence Nos. 1, 2, and 5), and the purport of the entire pleadings, as a whole.

2. The Plaintiff’s waste, which is the cause of the death of the Deceased, was caused by pneumoconiosis and pneumoconiosis combination (defluence) of the Deceased, and even if not, it was caused by pneumoconiosis and pneumoconiosis combination.