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(영문) 서울행정법원 2018.07.05 2017구합52818
진폐유족급여및장의비부지급처분취소
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. The Plaintiff’s husband’s husband B (CB, hereinafter “the deceased”) worked in the D Mining Center, etc. and engaged in dusty work.

B. Around November 1993, the Deceased was determined as a type of pneumoconiosis-type 4(4A) and a high-level disability in cardiopulmonary function (F3), and died at the E Hospital (hereinafter “E Hospital”) on July 10, 2015, while hospitalized at several hospitals.

The death diagnosis report on the deceased prepared by the doctor of the above hospital is indicated as the “emergency cardiopulmonary suspension”, the intermediate pre-explosion, and the pre-explosion of pneumoconiosis.

C. The Plaintiff claimed payment of bereaved family’s benefits and funeral expenses to the Defendant on the ground that the deceased’s death constitutes occupational accidents as prescribed by the former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017; hereinafter the same).

On December 28, 2015, the Defendant rendered a disposition to pay the pneumoconiosis survivors’ benefits and funeral expenses to the Plaintiff on the ground that “In light of the clinical progress up to the deceased’s death and various circumstances based on the data on medical records, etc., the deceased’s death is not deemed to have been caused by pneumoconiosis.”

(hereinafter “instant disposition”) D.

In response to the instant disposition, the Plaintiff filed a request for examination under Article 103 of the former Industrial Accident Compensation Insurance Act with the Defendant, but was dismissed on July 15, 2016, and again filed a request for reexamination with the Industrial Accident Compensation Insurance Review Committee under Article 106 of the same Act, but was dismissed on December 2, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 13, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the death of the deceased is so as to make it impossible to worsen any further due to the destruction of the pulmonary quality caused by complex pneumoconiosis and pneumoconiosis pulmonary mix, etc., and chronic pulmonary pulmonary disease (COPD) accompanied by pneumoconiosis without any other basic disease.

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