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(영문) 서울고등법원 2018.06.29 2018누33489
유족급여및장의비부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband (CB, hereinafter “the deceased”) began to work as a mining department from around 1974 to around 1978, and he worked as D at the Bupyeong Mining Center from October 29, 1978 to November 18, 1983.

B. On July 7, 1994, the Deceased was determined as pneumoconiosis (class 11 of the disability), and on July 30, 2007, from July 40, 2007 to August 4, 2007, the Deceased was determined as “mick type of pneumoconiosis: 4A, and merger certificate: Maternx,” and died on January 30, 2016 during which the Deceased was receiving medical care.

망인에 대한 사망진단서(2016. 1. 30. 가천대길병원 발행)에는 “사망의 원인 ㈎ 직접사인: 급성호흡부전, ㈏ ㈎의 원인: 폐렴, ㈐ ㈏의 원인: 진폐증”이라 기재되어 있다.

C. On February 18, 2016, the Plaintiff claimed for the payment of bereaved family benefits and funeral expenses to the Defendant. However, on June 9, 2016, the Defendant rendered a disposition of bereaved family’s benefits and funeral funeral expenses on the ground that there is no proximate causal link between the symptoms of the coal mine pneumoconiosis and the death, an approved injury disease, and the death.

(hereinafter “instant disposition”) D.

On October 24, 2016, the Plaintiff filed a request for examination against the Defendant to the instant disposition, but the Defendant dismissed the Plaintiff’s request for examination on the ground that there is no proximate causal link between the symptoms of coal mine pneumoconiosis and the death, an approved injury.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 7 and 10, and the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. The main cause of the death of the deceased’s assertion is the pneumoconiosis or at least the pneumoconiosis was caused in combination with the pharmacy. Even if the pharmacy was the main cause of death, the pharmacy becomes worse rapidly than the normal process due to the pneumoconiosis.

Therefore, proximate causal relation is recognized between the deceased's work and death.

(b).

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