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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. On September 1985, the Plaintiff’s spouse was diagnosed as 1/1 (Grade 11) pneumoconiosis type for the first time, and was diagnosed as 2/2 of pneumoconiosis type 1, 1998 (Grade 11 of the disability), 2/3 of pneumoconiosis type 2/3, 2/3 of cardiopulmonary function, 200 (Grade 11 of the disability), 2/3 of cardiopulmonary function on December 1999, 200 (Grade 11 of the disability), 2/3 of pneumoconiosis type 2/3, 201, and 0 of cardiopulmonary function (Grade 11 of the disability), and was diagnosed as 0 of pneumoconiosis type 2/3, 201, and 60 of cardiopulmonary function (Grade 11 of the disability) on November 2, 2002.
B. After the diagnosis of the above medical care, the Deceased had been hospitalized in Mana Hospital since April 201 through the Tae Manain Hospital and Andong Hospital.
C. On April 17, 2013, the Deceased died at the Adong Hospital on April 16:25, 2013. The death diagnosis report on the Deceased states that “(A) direct death” is “(a) respiratory,” and “the cause of(b)” is public disturbance, and is written as “the cause of (c)(b): pneumoconiosis.”
Accordingly, the Plaintiff asserted that the deceased died due to a combination of pneumoconiosis and pneumoconiosis, and filed a claim for the payment of survivors’ benefits and funeral expenses against the Defendant. However, the Defendant, following the deliberation of the Industrial Accident Compensation Insurance Review Committee, rendered a site payment decision on January 27, 2014 on the ground that “it is difficult to recognize the cause of death of the deceased as a result of pneumoconiosis and pneumoconiosis combination” (hereinafter “instant disposition”), and the Plaintiff, who was dissatisfied with the instant disposition, filed a request for review and a ruling, but all dismissed, filed the instant lawsuit on December 9, 2014.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1 and 2, the purport of the whole pleadings]
2. The assertion and judgment
A. After the Plaintiff’s assertion was determined as pneumoconiosis in 1985, the hospital began to be hospitalized due to pneumoconiosis mergers since 2002, and since 2006, the cardiopulmonary function has deteriorated, thereby having undergone class 3 of disability, and the aggravation of pneumoconiosis symptoms.