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(영문) 서울행정법원 2014.12.11 2014구합51425
유족급여및장의비부지급처분취소
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, who is the father of the Plaintiff (hereinafter “the deceased”) is a person who worked as a Quarrying in the Sungju Mining Mining Lease Co., Ltd. between October 1, 1968 and April 30, 1973.

B. After receiving the diagnosis of pneumoconiosis in 2002 as a result of the precise examination in 2007, the Deceased was judged as having disability grade 7, grade 1/1, and grade 13 as a result of the precise examination in 2007, grade 1/1, and grade 13 as a result of the precise examination of pneumoconiosis in 2008 and year 2010.

(C) The progress of the dead's detailed pneumoconiosis symptoms is reviewed later.

On March 7, 2012, the Deceased exceeded the stairs and caused a pulmonary brutivity in the brutary general hospital in the brut acid, which occurred during surgery and hospitalization.

After May 24, 2012, the Deceased was treated as a convalescent hospital, but died on June 14, 2012.

(Direct master: Mad.)

Therefore, the Plaintiff asserted that the deceased died due to a combination of pneumoconiosis and pneumoconiosis, and claimed the bereaved family benefits and funeral expenses against the Defendant. However, on March 28, 2013, the Defendant rendered a site payment decision on the ground that “it is difficult to recognize the cause of the deceased’s death as a result of the pneumoconiosis and the pneumoconiosis outbreak” (hereinafter “instant disposition”). The Plaintiff appealed against the instant disposition and filed a request for examination on August 14, 2013, but was dismissed on August 14, 2013. While re-appealed and filed a request for reexamination, the Plaintiff thereafter dismissed on November 6, 2013, and thereafter dismissed, the Defendant appealed and filed the instant lawsuit on January 28, 2014.

[Grounds for Recognition: Evidence No. 1 to 5, Evidence No. 1 to 1, and the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion that there was an obstacle to the pulmonary function caused by pneumoconiosis and pneumoconiosis, which eventually led to death by the closure of the merged witness.

Therefore, there is a proximate causal relation between the deceased's work and his death, so the death of the deceased constitutes an occupational accident.

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