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(영문) 서울행정법원 2016.08.26 2014구합63626

유족급여및장의비부지급처분취소

Text

1. On April 25, 2014, the Defendant’s disposition on the payment of pneumoconiosis survivors’ annuities and funeral expenses to the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. From August 31, 1973 to June 30, 1994, the Plaintiff’s husband B (CB, hereinafter “the deceased”) worked as coal source at the Korea Coal Corporation’s Net Mining Center, the coal-generating business establishment, from August 31, 1973 to June 30, 1994

B. In the precise diagnosis of pneumoconiosis conducted around June 2010, the Deceased was diagnosed as “mal-type Nos. 1 (1/0) and pulmonary Tuberculosis pulmonary pulmonary Tuberculosiss” and was approved by the Defendant around that time.

C. On October 3, 2013, the deceased was hospitalized in a hospital and was receiving medical treatment for more than one hour, and was found to have been acutely influencing light due to the fact that he/she was generated together with the chest pain and the left-hand shoulder and the radiation emitting a brupt. On October 4, 2013, the deceased visited an emergency room of a Jeonnam University Hospital and was diagnosed with acute influcing light. On October 7, 2013, the deceased diagnosed him/her with a heart influcing light. However, on October 31, 2013, the deceased died on the ground that he/she aggravated his/her conditions.

On November 18, 2013, the Plaintiff filed an application with the Defendant for the payment of pneumoconiosis survivors’ annuities and funeral expenses. However, on April 25, 2014, the Defendant rendered a disposition against the Plaintiff not paying expenses for pneumoconiosis survivors’ annuities and funeral expenses (hereinafter “instant disposition”), on the ground that, regardless of pneumoconiosis, the deceased was determined to have died due to acute cardiopulmonary eculation, regardless of the pneumoconiosis as a result of the deliberation by the occupational cardiopulmonary Disease Research Institute (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 6, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. (1) The Deceased’s assertion that the cardiopulmonary disease caused by pneumoconiosis and severe respiratory distress caused by its complicationtion, which rapidly aggravated beyond natural progress, and caused acute emerculation. (2) The Deceased suffers from cardiopulmonary emerculation for treating acute emerculation. The Deceased’s pneumoconiosis and its complicationculsis are as follows. (3) The Deceased’s pneumoconiosis and its complicationculsis are as follows.