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(영문) 서울행정법원 2019.07.12 2018구합52501
진폐유족급여및장의비부지급처분취소
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 (Cre, hereinafter “the deceased”) is a person who has been working in a mine mine, etc. in a mine area.

B. As a result of the precise diagnosis of pneumoconiosis conducted from July 30, 2007 to August 4, 2007, the Deceased refers to the type No. 1 (1/1) of pneumoconiosis-type disease, complicationa tbbio pulmonary tuberculosis;

The grade of disability of class 3 was received as a serious disability (F2) even during the cardiopulmonary function.

C. At around 06:50 on July 31, 2017, the Deceased died while receiving medical care at the E-Medical Center.

The cause of death indicated in the body autopsy report against the deceased is the direct death, the direct death, the middle line, the intermediate event, and the previous death, the prior death.

On December 1, 2017, the Plaintiff, the deceased’s spouse, claimed the payment of survivors’ benefits and funeral expenses to the Defendant, but the Defendant rendered a decision on site pay (hereinafter “instant disposition”) as to the Plaintiff’s claim on the ground that “the deceased is deemed to have died without relation to the pulmonary function disorder related to pneumoconiosis or pneumoconiosis when comprehensively taking account of the results of the F Research Institute’s deliberation.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the death caused or caused by pneumoconiosis and complication, etc., aggravated by pneumoconiosis and complication, and caused death. As such, proximate causal relation is recognized between pneumoconiosis and complication and death of the deceased.

(b) as shown in the attached Form of the relevant statutes.

C. The deceased, such as the medical history of the deceased, was continuously taking a mental disorder of 1/1/200 on May 1, 2004, 1/1 tbb (F0) 13/1 Tbb (F0) 12 on August 1, 2005, 13/1/1 tb (F0) 12 on December 1, 2006, 13/12 tbb (F0) 12 on July 12, 2007, 1/1/1tb (F0) 41 on July 12, 2007, 207 (F2) 3/3-1/41 Tbbath (F2) of the deceased’s pneumoconiosis diagnosis force) from September 2015.

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