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(영문) 서울행정법원 2015.07.02 2014구합71368
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 net B (hereinafter “the deceased”) worked as a mining source for about 13 years and 8 months from March 10, 1970 to November 20, 1983.

B. As a result of the close diagnosis conducted from September 29, 2003 to October 4, 2003, the Deceased was diagnosed as 1/0 of pneumoconiosis-type 1/0 and 0 of the end-of-life functional disability F0, and was judged as 13 of the disability grade. Thereafter, the Deceased was regularly precise diagnosis as indicated below.

From March 28, 2005 to April 1, 2005, to April 2, 2005, 200 C Hospital 13 to May 8, 2006, to May 13, 2006 to Grade 13 of Grade 13 C Hospital 15, 2007 to October 13, 2007; 1/2F0 C Hospital 13 to Grade 13 on June 14, 2010 to June 14, 2010 to Grade 13 of Grade C Hospital 13 on June 14, 2010 to Grade 20 D Hospital 13 on June 7, 2013 to Grade 13 on October 13, 2013 to Grade 13 on October 1, 2013; and 1/1/201 of Grade E Hospital 1/131/201/10 of the E Hospital;

C. The Deceased, on December 6, 2013, was hospitalized in E Hospital and was hospitalized in the same month.

8. 사망하였는데(이하 ‘이 사건 사망’이라고 한다), 사망진단서상 망인의 직접사인은 쇽, 호흡부전, 중간선행사인은 폐렴, 선행사인은 진폐증이다. 라.

On December 20, 2013, the Plaintiff asserted that the instant death was caused by pneumoconiosis and its complication and filed a claim for the payment of survivors’ benefits and funeral expenses against the Defendant. On March 18, 2014, the Defendant rejected the payment on the ground that, based on the medical opinions of the employment-related disease research institute that requested advice on March 18, 2014, the Plaintiff rejected the Plaintiff on the ground that “the deceased died of the depression-related heart was unable to exercise the wide range of heart walls and the heart room room of the heart in the cardio-high frequency test that occurred before and after the cardio-high frequency test that took place one year and four months before the deceased’s death, and that the death was caused by the aggravation of the depression-related heart body from two days before the death of the Defendant, such as repeated scarfing, and thus, the deceased died from the depression-related heart body that occurred after the cardio-high frequency, irrespective of the pneumoconiosis.”

E. On October 6, 2014, the Plaintiff’s bereaved family benefits to the Defendant again.

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