logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2014.11.20 2014구합2799
요양급여등부지급처분취소
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 students, hereinafter “the deceased”) worked as a mining father in a mining center, etc.

As a result of the precise diagnosis of pneumoconiosis around January 2001, the Deceased was diagnosed as Type 2 (2/2) and the labing function map (F1).

B. On August 19, 2012, the Deceased complained of respiratory distress from home to the hospital and died before the hospital arrives.

A death diagnosis written with respect to the deceased is indicated as the preceding physician’s presumption of pneumoconiosis, the middle line event, “the presumption of pneum and chronic pulmonary diseases,” and the “unexploitial disease.”

C. The Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant, but on February 8, 2013, the Defendant rejected the payment of survivors’ benefits and funeral expenses on the ground that it cannot be deemed that the Deceased died from pneumoconiosis and its merger.

(hereinafter “instant disposition”). The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on October 11, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 6, Gap evidence 7-1 and 7-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) the Plaintiff’s alleged pneumoconiosis aggravated; (b) hospitalized treatment was conducted from around April 201 due to severe pulmonary disorder disorder; (c) around July 2010, the Deceased was in a chronic pulmonary disease condition of a pulmonary light on and around July 2010; (d) the Deceased’s death cannot be deemed as having been caused by any reason other than pneumoconiosis; and (e) the Deceased’s smoking and chronic pulmonary disease was not related to the Deceased’s death; and (e) the Deceased died due to the aggravation of the chronic pulmonary disease caused by the pneumoconiosis, there is a proximate causal link between the Deceased’s pneumoconiosis symptoms and the death.

The disposition of this case, which is different from this premise, is unlawful.

B. Another disease was caused by pneumoconiosis and its complication.

(2) the Corporation; or

arrow