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(영문) 서울행정법원 2018.05.17 2016구합78424
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 Plaintiff’s husband B (C) worked as a mining source in the Korea Coal Corporation from February 21, 1975 to May 4, 1994.

B. A around May 2008, the Seoul National University Hospital was diagnosed with primary lung cancer, and around 17:09 on July 14, 2013, the D Hospital died from a multi-long-term dumption (direct private person) due to blood transfusion, waste collection, etc.

(hereinafter referred to as “the deceased”). (c)

On December 15, 2015, the Plaintiff claimed bereaved Family Benefits and Funeral Expenses to the Defendant. However, on December 15, 2015, the Defendant determined the amount of bereaved Family Benefits and Funeral Expenses (hereinafter “instant disposition”) for bereaved Family Benefits and Funeral Expenses according to the results of the E-Research Institute’s advice to the effect that the deceased died after the pulmonary cancer surgery and the Determination Committee on the Determination of Occupational Diseases, on the ground that the period of the pulmonary Work was only three years and three months and three months, while the remainder of the period is less than the level of exposure by performing work not regularly exposed to the above pulmonary Cancer.

The plaintiff appealed against this and filed a request for reexamination, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed it on July 29, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4 (including satisfy number), Eul evidence Nos. 1, 2, and 4 through 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was regularly exposed to cancer substances, such as long-term decision-making free acid and Lons, when working on the part of the deceased for 16 months except for the period of occupational care, and accordingly, died from the occurrence of lung cancer, and thus, proximate causal relation between the deceased’s work and the death is acknowledged. However, this is based on a different premise.

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