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(영문) 서울행정법원 2018.06.21 2017구합72881
미지급보험급여부지급처분취소
Text

1. On April 24, 2017, the Defendant’s disposition on the payment of unpaid insurance benefits to the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On September 192, 192, the deceased B (hereinafter “the deceased”), the spouse of the Plaintiff, started to undergo a precise diagnosis of pneumoconiosis from around September 1992. The results of the precise diagnosis conducted at the Indonesoma Hospital at the Doldong University (hereinafter “the instant precise diagnosis”) from January 3, 2001 to January 6, 201 (hereinafter “the instant precise diagnosis”) were determined as pneumoconiosis symptoms (0/1), pulmonary tuberculosis (tba), and obtained the Defendant’s approval for the medical care.

B. On February 10, 2013, the Deceased died at the above hospital on February 10, 2013, which continued medical care at the Ansan Industrial Accident Hospital.

The death diagnosis report on the deceased is written respectively as a direct death body, a intermediate line, a urology, a urology, a prior physician’s pneumoconiosis, and a urology.

C. The Plaintiff claimed for the payment of bereaved family benefits and funeral expenses to the Defendant, but on March 17, 2014, the Defendant rendered a decision on bereaved family benefits and funeral funeral expenses on the ground that it cannot be deemed that the Deceased died from pneumoconiosis and its merger.

On June 12, 2014, the Plaintiff is a party to this Court.

Although a lawsuit seeking cancellation of the disposition stated in the claim was filed, on October 7, 2015, on the ground that it is difficult to view that there is a proximate causal relationship between the deceased’s death and pneumoconiosis. (2014Guhap60344) and the appeal was filed.

E. On May 13, 2016, the Seoul High Court, which was the appellate court of the instant case, found a proximate causal relationship between the deceased’s death and pneumoconiosis.

The Supreme Court rendered a judgment revoking the disposition stated in the Paragraph (2015Nu63472), and the Defendant appealed, but the Supreme Court rendered a judgment dismissing the appeal on September 30, 2016 (2016Du40832), and the above judgment became final and conclusive around that time.

(B) On October 25, 2016, the Defendant paid bereaved family benefits and funeral expenses to the Plaintiff on October 25, 2016 in accordance with the purport of the instant judgment. On January 11, 2017, the Defendant paid KRW 87,895,640 for pneumoconiosis consolation benefits.

G. The Plaintiff.

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