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(영문) 서울행정법원 2019.03.15 2016구합85149
진폐유족연금및장의비부지급처분취소
Text

1. On September 28, 2016, the Defendant’s disposition to pay the site for funeral expenses to the Plaintiff is revoked.

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

Reasons

1. Details of the disposition;

A. As a result of the precise diagnosis of pneumoconiosis conducted from December 10, 2007 to December 14, 2007, the deceased B (CB; hereinafter “the deceased”) was determined as class 5 of the disability grade by the Defendant as the type of pneumoconiosis 4A and the cardiopulmonary function F1 (hence) disability.

B. On January 30, 2014, the Deceased died, and the Plaintiff, who performed funeral services for the Deceased and his/her offspring, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant.

On July 21, 2014, the Defendant rendered a decision on site payment on the ground that “The deceased’s death cannot be deemed to have been caused by pneumoconiosis and its merger,” on the ground that “The deceased’s death cannot be deemed to have been caused by the death of pneumoconiosis and its merger, and died due to the chronic pulmonary pulmonary disease of 4 years and one year and six months before the death.” As such, the deceased was determined on the ground that “The deceased’s death cannot be deemed to have been caused by the death of pneumoconiosis and its merger.”

(hereinafter referred to as the “existing Disposition”). C.

In response to the above disposition, the Plaintiff filed a request for examination, but the Defendant dismissed the request for examination on December 24, 2014 after review by the Industrial Accident Compensation Insurance Review Committee.

The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee also rejected the request for reexamination on May 15, 2015.

On September 23, 2016, the Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant again, but the Defendant rendered a decision on the payment of survivors’ benefits and funeral expenses on September 28, 2016 on the same ground as the previous disposition of this case.

(A) Each entry in Gap's Evidence Nos. 1 through 5, 7, 9, and 10 (including the number of branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings, as a whole, shall be determined on the basis of the following facts: (a) the disposition of the price of the site for survivors' benefits; and (b) the disposition of the price of the site for survivors' benefits; and (c) the disposition of the price of the site for funeral

2. The instant disposition is made.

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