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(영문) 서울행정법원 2020.03.19 2017구합84037
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiffs are F(G male) and B’s children(Evidence 5(2)). F served as H Co., Ltd., IB from 1973 to 198.

(No. 1 2 pages, No. 5(2). (b)

F’s pneumoconiosis symptoms, liver cancer diagnosis and death 1) The F was subject to a close inspection of pneumoconiosis in around 2009, but on November 26, 2009, the F visited J Hospital on August 25, 2014, and was diagnosed by liver cancer (including livers) and livers.

(B) As a result of a close inspection of pneumoconiosis conducted from October 22, 2014 to October 24, 2014, F died at the age of 71 years at an Ansan-gu Busan Metropolitan City Hospital of the Korea Workers' Compensation and Welfare Service (U.S.C. 87) on March 1, 2015.

A private person in the death diagnosis document includes (a) the multi-salivopic long-term part of the cause of the death (b) caused by the cardiopulmonary part, which is the direct death, and the “pulmonary blood certificate” as the cause of the death. However, this appears to be an obvious clerical error in the “Deficial part”.

(C) The causes of subparagraph (b), the pneumoconiosis caused by subparagraph (d)(c), and the kinds of chronic hepatitis death are as follows:

(A) No. 9-1, c.

A 1) The net F (hereinafter referred to as "the deceased") of the bereaved family's benefits and funeral expenses, the defendant's disposition, etc.

On May 15, 2015, A’s spouse filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes occupational accidents. (2) On June 1, 2016, the Defendant stated the claim for the determination of the site level on the ground that “the deceased’s liver cancer (liver cell cancer) is not occupational diseases, but the liver cancer is transferred from the liver rather than primary lung cancer, and the pulmonary mar, which is the cause of death, is irrelevant to pneumoconiosis,” and that “it is difficult to recognize a proximate causal relationship between pneumoconiosis and death,” and hereinafter “the claim for the determination of the site level.”

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