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(영문) 서울행정법원 2018.04.26 2017구합4666
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 deceased B, the spouse of the Plaintiff (CB, hereinafter “the deceased”) is a person who worked in the D E Industrial Complex by September 4, 1995 at D E Industrial Complex.

B. From March 4, 2002 to March 9, 2002, the Deceased was diagnosed as “mick type of pneumoconiosis: Type 2 (2/1) and merged certificate: brematitis: bre (cochitis)” and was approved by the Defendant for medical care under the Industrial Accident Compensation Insurance Act.

C. On April 21, 2016, the Deceased died at G Hospital around 18:24.

The death diagnosis of the deceased is written as a person directly with acute respiratory part, adult respiratory partic partic partic partic partic partic partic partic partic partic partic partic partic partic partic partic partic partic partic partic part

On June 22, 2016, the Plaintiff issued a claim for the payment of bereaved family benefits and funeral expenses to the Defendant, but the Defendant sought medical advice (two times) on the reason of the deceased’s death with relevant data, and rendered a decision on the payment of bereaved family benefits and funeral expenses (hereinafter “instant disposition”) to the effect that “In accordance with the opinion that it cannot be deemed that the deceased’s death cannot be seen as being caused by the death related to the pneumoconiosis, which is an approved injury.”

E. The Plaintiff dissatisfied with the instant disposition and filed a request for review to the Defendant on November 14, 2016, but received a request for review from the Industrial Accident Compensation Insurance Reexamination Committee on March 31, 2017. However, in full view of the medical records of the deceased on March 31, 2017, there was no opinion of aggravation of the cardiopulmonary disease type and cardiopulmonary disease function, whereas there was a serious cardiopulmonary disease, and there was a serious cardiopulmonary disease, cardiopulmonary disease, and chronic retardation. On April 12, 2016, the death of the deceased is confirmed to have been caused by the heart and cardiopulmonary disease rather than by pneumoconiosis and its merger, and thus, it is confirmed that there was a proximate causal link with the work.

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