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(영문) 서울행정법원 2020.11.26 2019구합87788
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on September 17, 2019 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

B (C) from December 2004 to June 201, 201, work as a stone offer in D, etc.

B B B as a result of the precise diagnosis of E: Non- active pulmonary pulmonary Tuberculosis,ax: the spreading of pneumoconiosis noise (compactation of pneumoconiosis) is as follows:

B around 22:00 on December 23, 2017, around 22:0, 2017, the F Hospital was hospitalized in the F Hospital on the ground that “the body had been satisfed for 4 days ago, and was satisfing more than before,” and died on January 3, 2018.

A certificate of death was issued, stating that the multi-level medical department based on pneumoconiosis is the cause of death.

The plaintiff is the spouse of B (hereinafter referred to as “the deceased”).

On September 17, 2019, the Defendant rendered a disposition on the part of the Plaintiff on the ground that “the deceased died due to the pulmonary function test and the progress of hospital treatment. In view of the result and progress of the pulmonary function test, it is determined that there was no pulmonary ventilation disorder of serious symptoms related to the pneumoconiosis that caused the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

hereinafter referred to as "disposition of this case"

(i) [The facts without dispute over the basis of recognition, entry of Gap evidence 1 through 10, and entry of the whole purport of the pleadings in the attached Form of the relevant Acts and subordinate statutes.]

Whether the instant disposition is legitimate or not, there is no dispute as to the fact that the deceased died from a multi-institutional failure due to the closure of the body.

The Defendant issued the instant disposition on the ground that the pneumoconiosis was not related to the outbreak and aggravation of the pneumoconiosis.

However, in full view of the aforementioned evidence, the result of each request for the examination of medical records for Seoul National University Hospital and G Hospital, the possibility that the pneumoconiosis of the deceased had influenced the outbreak of pulmonary convergence cannot be ruled out completely, and it is reasonable to view that the aggravation has influenced at least the aggravation.

The instant disposition is unlawful on a different premise.

(1)

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