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(영문) 춘천지방법원 2016.11.11 2014구합5024
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details and details of the disposition;

A. The deceased B (the husband of the Plaintiff, hereinafter “the deceased”) was judged as disability grade 13 as the result of the precise diagnosis around January 6, 1992 to December 1, 2007, and around November 11, 1997, the deceased C was judged as “the 1/1 type of pneumoconiosis disease and the pulmonary function F0 (normal)”, and around May 28, 2004, the disability grade was determined as “the 1/2 type of pneumoconiosis disease, and cardiopulmonary function F0 (ordinary).” From May 2, 2006, the deceased C was determined as “the 1/1 type of pneumoconiosis disease, merger (non-malut tuberculosis) disorder, F1/1 type of pneumoconiosis disorder, F1/1 type of pneumoconiosis (HH), 31/20 degree of pneumoconiosis disability as the result of the precise diagnosis around May 2, 2006, and determined as “the 1/3th grade of pneumoconiosis disability grade”.

B. Around 00:50 on June 30, 2014, the Deceased died as “a serious fluence certificate” by a private person.

C. On July 28, 2014, the Plaintiff filed a claim for survivor pension and funeral expenses with the Defendant, and on September 16, 2014, the Defendant rendered a decision on the “pension pension and funeral expenses” on the ground that “it is difficult to deem the cause of death of the deceased as the cause of cerebrovascular, cerebrovascular, and cardio-cerebrscular, and death caused by malphical and cardio-fluorial mosis, and death

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 2, 3, and Eul evidence Nos. 1 and 5, and the purport of the whole pleadings.

2. The purport of the Plaintiff’s assertion was that the deceased died with severe fluence due to the aggravation of pneumoconiosis and the repeated pulmonary value thereof, and that the disposition of this case, which judged otherwise, was unlawful even if there was a proximate causal relationship between the pneumoconiosis symptoms approved by the deceased and the death.

3. Determination

(a) as shown in the Attachment of the relevant statutes;

B. In fact, the deceased’s medical history and treatment records - From January 31, 201 to June 30, 201, the deceased’s medical corporation in the Dong-dong hospital in the medical corporation from January 31, 201 to June 30, 2014 is due to the acute cardiopulmonary typosis, brain cerebrovascular disease, NOS, and its detailed details.

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