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(영문) 서울행정법원 2016.04.07 2015구합61146
유족급여및장의비부지급처분취소
Text

1. On March 30, 2015, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. From October 1, 1967 to March 26, 1996, the deceased B (hereinafter “the deceased”), the spouse of the Plaintiff, worked as an employee in charge of Domination in the non-party Domination Business Co., Ltd., and as a result of a close inspection conducted in January 2006, the Plaintiff’s spouse was diagnosed as pneumoconiosis-type 1/0, pneumoconiosis-type 1/0, pulmonary function 0, and pulmonary function pulmonary function pulmonary tuberculosis, and its merger witness’s activity, and began medical care as a result of occupational accident.

B. From August 5, 2011, the Deceased died on February 27, 2014 after being hospitalized in a bag hospital to receive treatment of pneumoconiosis, pulmonary tuberculosis, etc., and the deceased’s private person stated in the death certificate issued by the said hospital is as follows:

(A) Pneumoconiosis caused by chronic pulmonary pulmonary diseases (COPD), and astronomical pulmonary pulmonary diseases (COD)(d)(c)(b)

C. The Plaintiff asserted that the deceased’s death constitutes occupational accidents and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on March 30, 2015, the Defendant rendered a decision on the Plaintiff’s claim for site payment on the ground that it sent a medical opinion as follows at the occupational waste disease research institute, which is the Defendant’s affiliated agency:

(hereinafter referred to as “instant disposition”). “The deceased person is determined to have suffered from pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

2. Whether the instant disposition is lawful

(a) The entry in the relevant statutes are as shown in the attached statutes;

B. The term “occupational accident” as defined in Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act.

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