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(영문) 서울행정법원 2015.11.05 2014구합67628
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 spouse B (C students, hereinafter “the deceased”) worked in the luminous Corporation, etc. from September 15, 197 to April 1, 1993.

B. On February 22, 2012, the Deceased was determined as Grade 7 of the disability grade due to “mal disease type 1/2, complication tb, mbbb, marq/t, and f1 (aropulmonary disability)” as a result of the close diagnosis conducted by the KWWU CUD on February 22, 2012.

C. On November 20, 2013, the Deceased died at his own home around 03:00, and the death diagnosis report for the Deceased is written directly in the name of a private person, a prior physician, and a pneumoconiosis.

On December 16, 2013, the Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on August 19, 2014, the Defendant rejected the payment against the Plaintiff on the ground that “the deceased’s death has no proximate causal relation with pneumoconiosis, which is an occupational disease.”

(hereinafter referred to as "disposition of this case"). 【No dispute exists, entry in Gap evidence Nos. 1, 2, 3, 11, and 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff asserted 1 deceased has been suffering from pneumoconiosis by working on a luminous part for a long time, being exposed to dust, and suffering from pneumoconiosis. The pneumoconiosis is a chronic disease which has rapidly aggravated due to the lapse of time without a possibility of breath, and the deceased seems to have aggravated the form of pneumoconiosis and the function of pulmonary disease with the lapse of time. The deceased was treated due to the outbreak of chronic pulmonary pulmonary disease such as chronic pulmonary pulmonary disease such as chronic pulmonary pulmonary disease, non-activity tuberculosis, and the convergence of pneumoconiosis, etc. after being recovered from pneumoconiosis due to the pneumoconiosis, after being recovered from pneumoconiosis, after being recovered from the pneumoconiosis, after being treated. The deceased has been given a prescription or treatment related to pulmonary treatment at a nearby hospital and clinic near the residence for about seven years by appealing symptoms such as respiratory distress and plebrosis, and one of the main causes of the death of the patient with pneumoconiosis is presumed as the heart cost.

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