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(영문) 서울행정법원 2020.06.25 2019구합56357
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of each disposition written in the purport of the claim (hereinafter “instant disposition”)

A. From February 14, 1974 to February 14, 1982, D (E) worked as a stane in FF-North Korea Mining Complex. After the retirement of the mining center, D (E) participated in the construction of erosion control, etc. of planting or strue trees from February 2, 2004 to G association.

(A) Evidence of heading 1 through 3). (b)

D around March 2016, the Korea Workers' Compensation and Welfare Service (Korea Workers' Compensation and Welfare Service) was judged to be an active tuberculosis accompanied by pneumoconiosis symptoms.

D On April 20, 2017, he/she was hospitalized in the Taesan Hospital of the Korea Labor Welfare Corporation, and died at the age of 71 years of age on April 28, 2017.

The direct private person described in the death diagnosis report is “malopty”.

[A Evidence Nos. 5, B Nos. 3, 4, and 6 (if available, including branch numbers; hereinafter the same shall apply)

[C] .

On May 24, 2018, the Plaintiffs, who are children of the network D (hereinafter referred to as “the deceased”), filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that “the deceased died of a chronic closed disease, and the chronic closed disease constitutes occupational accidents,” but the Defendant rendered a disposition not to accept the said claim (the instant disposition) on December 4, 2018, on the ground that “the chronic closed disease that caused the deceased is low in business relations.”

(Evidence Nos. 4 and 6) . [Evidence 4 and 6] without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 3, 4 and 6, and the purport of the whole pleadings.

2. The purport of the Plaintiff’s assertion is that the deceased was exposed to coal and timber dust for a long time, and that the deceased’s chronic closed-pulmonary disease, a private person, has a proximate causal relation with the deceased’s work.

The instant disposition taken on a different premise must be revoked in an unlawful manner.

3. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

4. Whether the instant disposition is lawful

(a) the facts of recognition 1.

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