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 (hereinafter “the deceased”) worked as the mining source at the Korea Coal Corporation for about 29 years and 7 months from November 1968 to June 198.
나. 망인은 2017. 3. 31. 근로복지공단 태백병원에서 사망하였는데, 망인의 사망진단서에는 “(가) 직접사인 : 폐혈성 쇽(추정), (나) (가)의 원인 : 이산화탄소 중독 폐렴, (다) (나)의 원인 : 진폐증 만성폐쇄성 폐질환, (라) (다)의 원인 : 진폐증”이라고 기재되어 있다.
C. The Plaintiff, a wife of the Deceased, died of pneumoconiosis and its combination, and thus constitutes occupational accidents, and accordingly, claimed the Defendant to pay survivors’ benefits and funeral expenses.
On April 25, 2017, the Defendant rendered a decision to pay bereaved family benefits and funeral expenses (hereinafter “instant disposition”).
【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the Plaintiff’s period of service and description of the death diagnosis report, etc., the deceased may be deemed as having died of pneumoconiosis and its combination. However, the instant disposition taken on a different premise is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. 1) As a result of the precise diagnosis of the Deceased, the determination as to whether the deceased is subject to the result of the precise diagnosis of pneumoconiosis-type complication function as of August 13, 1987, 2/1 - With respect to the subject disability No. 11 grade No. 11, No. 2/1, Oct. 7, 1999 - No. 11, No. 11, 2/109 of February 104, No. 11, No. 11, No. 11, 2/1, 2005, No. 11, 2/7, 2005, pulmonary tuberculosis No. 1, 207, No. 20705, Jun. 2, 2006;