1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On November 1, 2009, the Plaintiff’s husband B (hereinafter “the deceased”) is a person who became a member of the Working Group at the Construction Site at Sejong Special Self-Governing City, while serving as the head of the Working Group at the New Construction Site at Sejong Special Self-Governing City, and retired on May 15, 2014.

B. On July 25, 2014, the Deceased was diagnosed as primary lung cancer at the Seoul Asan Hospital, and died on January 12, 2015, and the cause of death was indicated in the death diagnosis report by the Deceased in the form of low-blood shock according to the mouth of the lung cancer.

C. The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and claimed the payment of bereaved family’s benefits and funeral expenses. However, on September 30, 2016, the Defendant served on the construction site supervisor, etc. as a supervisor at the construction site, and was not exposed to harmful substances such as dust, etc., and on the ground that it is not recognized that the deceased’s death is related to the deceased’s waste cancer and his/her duties, the Plaintiff issued a disposition of paying the bereaved family’s benefits and funeral expenses.

(hereinafter “instant disposition”) D.

The Plaintiff filed a request with the Industrial Accident Compensation Insurance Reexamination Committee for reexamination of the instant disposition, but the said Committee rendered a ruling dismissing the Plaintiff’s request for reexamination on February 16, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including virtual number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was caused by long-term exposure to materials, such as dust and heavy metals, which may cause waste cancer while working at a construction site for more than 30 years.

Therefore, the death of the deceased constitutes an occupational accident, and thus, the instant disposition is unlawful.

B. 1) The Deceased’s work experience and duty (A) had been employed from around 1983 to around 1985 in the private housing company, and became employed in the Kudong Construction Corporation from around 1988 to 2014.