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(영문) 대전지방법원 2015.08.19 2014구합101056
진폐유족급여불지급처분취소
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 Plaintiff’s spouse, the deceased B (hereinafter “the deceased”) worked and retired from the Plaintiff’s office on October 1, 1969 through July 31, 1976 from Chutan mine operating an unpaid coal mining business.

On April 24, 2007, the Deceased was determined as “Class 11-9 of the disability” as a result of the precise diagnosis of pneumoconiosis. On May 29, 2009, the Deceased was determined as “Class 7-15 of the disability.”

B. As the Deceased died on July 21, 2013, the Plaintiff claimed expenses for pneumoconiosis survivors’ annuities and funeral expenses to the Defendant on August 8, 2013.

C. On February 28, 2014, the Defendant decided on the Plaintiff’s claim pursuant to Article 91-10 of the Industrial Accident Compensation Insurance Act and Article 83-3 of the Enforcement Decree of the same Act on the ground that “it is difficult to recognize the cause of death of the deceased as the cause of pneumoconiosis or pneumoconiosis.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, 3, and 6, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The cause of death of the deceased under the Plaintiff’s assertion of death is a chronic repulmonary pulmonary pulmonary disease caused by pneumoconiosis. Since the deceased was diagnosed as a chronic pulmonary pulmonary disease caused by pneumoconiosis, it is obvious that the pulmonal difficulty caused by the pulmonary pulmonary pulmonary or pulmonary pulmonary pulmonary pulmonary

Therefore, the instant disposition on the ground that the deceased was not deceased due to pneumoconiosis is unlawful.

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

(c) recognition 1) The maximum possible quantity of air to the extent possible, opportune (FVC) air, as soon as possible, shall be the quantity of air flabed with the maximum possible speed;

B) Mespits spits in the first first first first first first first first first second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second (FEV1/F5C) are the value calculated by dividing the first first first second second second second second second second second second second second second second second second second second second by the amount of fEV.) disease treatment of the deceased.

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