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(영문) 서울행정법원 2020.08.27 2019구합87368
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne individually by each person.

Reasons

1. Details of the disposition;

A. B (C) served as a mining source in the Korea Coal Corporation D Mining Corporation from January 10, 1979 to September 1, 1984. On July 11, 1995, as a result of precise diagnosis of pneumoconiosis, C (C) served as a pneumoconiosis type 1 (1/1) and was hospitalized on August 31, 1995 after being determined as a pulmonary tuberculosis due to complicationic pulmonary pulmonary tuberculosis.

B. B, on January 2, 2018, as a result of a chest computer-based video (T) video (CT), the waste has been confirmed, and the waste has rapidly aggravated on January 3, 2018, and died on January 7, 2018.

사망진단서에는 사망원인이 ‘㈎ 직접사인: 진폐증’으로 기재되었다

(hereinafter referred to as “the deceased”). (c)

On June 14, 2018, the Defendant rendered a disposition of pneumoconiosis survivors’ benefits and funeral expenses to the Plaintiff, the deceased’s spouse, on the ground that “the deceased’s pulmonary value has deteriorated and died, and there is no decline in the pulmonary function that may affect the integrity of the death before the death, and thus the causal relationship between the deceased’s death and the pneumoconiosis is not recognized.”

On November 26, 2018, the Plaintiff’s request for review was dismissed on March 22, 2019, respectively.

On September 19, 2019, the Plaintiff again demanded the Defendant to pay survivors’ benefits and funeral expenses for pneumoconiosis, and the Defendant shall file a claim with the Plaintiff on September 24, 2019.

For the same reason, the survivors' benefits for pneumoconiosis and the funeral site pay disposition (hereinafter referred to as the "disposition of this case") were made.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 5, Eul evidence 1 through 6, the result of the request for examination of medical records to the chief of the branch court of this court, the purport of the whole pleadings

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

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the death of the deceased was transferred to the pharmony and the pharmony caused by the death of the deceased, and thus, the proximate causal relation is recognized between the death of the deceased and the pneumoconiosis.

B. After the determination of the deceased’s medical treatment based on pneumoconiosis and a complication.

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