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(영문) 서울행정법원 2018.10.12 2018구합55036
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. As a result of the precise diagnosis of pneumoconiosis conducted from October 20 to October 25, 2003, the deceased B (Cre, hereinafter “the deceased”) had been judged as class 13 of the disability grade by the Defendant as a result of the precise diagnosis of pneumoconiosis conducted from October 20, 2003.

B. On August 31, 2017, the Deceased was deprived of consciousness at his own home, and died while being escorted to the KWD Taesan Hospital, and the medical doctor E of the said hospital diagnosed the deceased’s direct death as a heart misappropriation.

C. The Plaintiff, the deceased’s spouse, claimed for the payment of survivors’ benefits and funeral expenses to the Defendant.

On November 27, 2017, the Defendant rendered a disposition of the bereaved family's benefits and funeral site pay in accordance with the Defendant's advisory opinion, etc. that "the cause of death and the pneumoconiosis are deemed to have a low medical relationship."

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] The entry of Gap evidence Nos. 1, 3, 4, and 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) according to the Plaintiff’s pneumoconiosis type and disability grade, etc., the deceased’s pneumoconiosis continued to deteriorate; (b) the Plaintiff’s pneumoconiosis symptoms led to continuous outbreak of engine infection and pulmonary dysium; and (c) the pulmonary dysium was discovered immediately before the death; and (d) the pulmonary dysium was discovered; (b) there was a proximate causal link between pneumoconiosis symptoms and their complication and the deceased’s death, the instant disposition that deemed that the deceased’s death does not constitute occupational accident is unlawful

(b) as shown in the attached Form of the relevant statutes;

C. The facts of recognition are as follows: (a) the disability grade for the cardiopulmonary function of cardiopulmonary merger certificate during the period of precise diagnosis from July 4, 1994 to July 1, 1994; (b) the 1/0 on July 9, 1996 to March 16, 1996; (c) the 1/0 on February 17, 1997 to February 22, 1997 to the 0/0 on February 22, 1997; and (d) the F0 on April 27, 1998 to May 1/0 on May 21, 1998 to April 24, 199 to April 1/0 on April 29, 200 to April 1/0 on May 29, 200 to June 30, 200 to June 1/30, 199; and

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