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(영문) 서울행정법원 2015.10.02 2014구합64582
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The net B (Cre, hereinafter referred to as "the net") worked as a source of carbon in the Gangnam coal mining Co., Ltd.

On March 21, 2006, the Deceased was judged as having grade 13 of the invalidity grade due to pneumoconiosis symptoms by the Defendant.

[Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”)]

Article 39(1) [Attachment 4] Article 39(1) [Attachment 4] of the Enforcement Decree of the Industrial Accident Act (wholly amended by Presidential Decree No. 20875 of Jun. 25, 2008). Meanwhile, as the Enforcement Decree of the Industrial Accident Act was wholly amended by Presidential Decree No. 20875 of Jun. 25, 2008, and came into force on July 1, 2008, the disability grade began to vary depending on pneumoconiosis type and cardiopulmonary function. In the case of the deceased, the disability grade of Grade 13 of the disability grade was measured by 1/2 of the pneumoconiosis type and the cardiopulmonary function was maintained under normal conditions (F0).

[Attachment 4] Articles 35(2) [Attachment 4] and 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Act (amended by Presidential Decree No. 20875, Jun. 25, 2008). The Enforcement Decree of the Industrial Accident Compensation Act was amended by Presidential Decree No. 22410, Nov. 15, 2010 to separately define a pneumoconiosis disability grade. The deceased’s pneumoconiosis disability grade was maintained to Grade 13 in accordance with the above criteria.

(See Article 83-2(1) [Attachment 11-2] of the Enforcement Decree of the Industrial Accident Act. On April 26, 2013, the Deceased died on May 5, 2013 during recovery after receiving re-re-exploitation to a diplomatic mission, which is an influent human body, from a research hospital affiliated with a university of Egrative Women’s University (hereinafter “Egrative hospital”).

D medical doctors belonging to the E-Ba Hospital determined that the deceased died of the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary and

The Plaintiff asserted that the deceased’s spouse, as the deceased’s spouse, died due to pneumoconiosis or a combination thereof, and claimed for the payment of survivors’ benefits and funeral expenses. However, the Defendant’s Taebag Branch on August 29, 2013, on the ground that it is difficult to deem that the deceased died due to pneumoconiosis or a combination thereof, and thus, it is difficult to deem that the deceased died due to such pneumoconiosis or a combination thereof.

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