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(영문) 서울행정법원 2015.08.20 2013구합53912
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. B is a person who worked in the mobilization site, North Korea Mining Center, etc. for 14 years and 11 months from December 21, 1968 to January 20, 1994.

B was diagnosed as pneumoconiosis first on May 4, 199, and the details of diagnosis of pneumoconiosis B recorded in the Defendant’s computer system are as follows.

As a result of the examination of the cardiopulmonary function of the examination date C-type merger certificate, medical treatment of 11th class 4/4 April 8, 2004 using the 11th disability of February 2, 2001 due to the 11th 2/1 F0 (ordinary) disability of February 2, 2001, Grade 11, Grade 11, Grade 4, 2/1 2/204 on April 2, 2004.

B. B died of February 28, 2012 as a respiratory part due to the pulmonary waste.

(B) Accordingly, the Plaintiff, as the wife of the Deceased, claimed the Defendant to pay the pneumoconiosis survivors’ pension and funeral expenses (hereinafter “ pneumoconiosis survivors’ pension, etc.”) according to the Industrial Accident Compensation Insurance Act for the death of the Deceased.

However, on August 29, 2012, the Defendant rendered a decision not to pay pneumoconiosis survivors’ annuities, etc. (hereinafter “instant disposition”) to the Plaintiff on the ground that “the deceased’s death is difficult to be recognized due to pneumoconiosis or its combination.”

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 1, 5, and 6, the result of the request for the appraisal of medical records to the Korean Medical Association, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased resided in the form of 4 severe pneumoconiosis and active pulmonary tuberculosis. Accordingly, at the time of death, the telegraph was extremely inactiveed, and a telegraph was under the condition of suffering from hystrophism, low alute hystrophism, multiple, hystrophy, hystrophism, and ephical typhism, etc., which led to death. As a result, the Plaintiff’s pulmonary typhy caused death.

If so, there is a proximate causal relationship between the deceased's pneumoconiosis symptoms and the death, and thus, the plaintiff's claim for payment such as pneumoconiosis survivors' annuities is accepted.

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