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(영문) 서울행정법원 2019.12.13 2018구합74518
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 (Cre; hereinafter “the deceased”) is a person who has worked as a light source in the Dratan mine from November 8, 1988 to August 1, 1990.

On November 2006, the Deceased was diagnosed as pneumoconiosis symptoms, and on December 1, 2006, as a result of the precise diagnosis of pneumoconiosis, he was judged as Grade 13 due to pneumoconiosis type No. 1 (1/0) and cardiopulmonary function (F0). On October 2012, the Deceased was determined as Grade 11 due to pneumoconiosis type No. 1 (1/0) and minor disability (F1/2) in cardiopulmonary function.

The cause of death (A) - Any other physical condition symptoms unrelated to (a) through (d) - Other physical condition symptoms, irreshion, pulmonary dynasty, which are the cause of sub-paragraph (b) of sub-paragraph (a) of sub-paragraph (b), and the cause of sub-paragraph (c) of sub-paragraph (c).

B. On August 10, 2017, the Deceased died while hospitalized in the Evalescent, and the cause of the Deceased’s death stated in the death report is as follows:

C. The Plaintiff, a child of the Deceased, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant, but the Defendant rendered the bereaved family benefits and funeral funeral expenses (hereinafter “instant disposition”) on May 25, 2018 on the ground that there is no proximate causal relation between the pneumoconiosis and its combination and the death of the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 6, 7 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was killed in an acute hurdic hurgic hurgic hurgic hurgic hurgic hurgic hurgic hurgic hurgic hurgic re

Therefore, there is a proximate causal relationship between the deceased’s pneumoconiosis and the death, so the instant disposition taken on a different premise should be revoked as unlawful.

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

C. The diagnosis period of the deceased’s results of the precise diagnosis of pneumoconiosis is as follows.

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