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(영문) 서울행정법원 2017.12.21 2017구합63801
유족급여및장의비부지급처분취소
Text

1. On February 7, 2017, the disposition that the Defendant rendered to the Plaintiffs on February 7, 2017 as bereaved family benefits and funeral site pay shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiffs’ mother, the mother of the Plaintiffs (hereinafter “the deceased”) is a person who had worked in the Korea Coal Corporation, the Korea Coal Corporation and the Korea Resources Corporation for the 16th month from January 1, 1960 to September 1, 1976.

B. On May 27, 2015, the Deceased died on June 23, 2015 while hospitalized in the Korea Workers’ Compensation and Welfare Service I Hospital and being diagnosed as primary lung cancer (mar cancer) and being treated.

C. The Plaintiffs asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of bereaved family’s benefits and funeral expenses. However, on February 7, 2017, the Defendant rendered, to the Plaintiffs on February 7, 2017, a disposition of the bereaved family’s benefits and funeral funeral expenses, based on the result of the deliberation by the Occupational Disease Determination Committee, that “The deceased’s death is not recognized due to an occupational disease, because it is confirmed that the disease was confirmed and exposed to the determined-type glass acid, etc. while performing the pulmonary work, but it is recognized that the deceased died due to a fladism accompanied by the fladism, and that the risk factors related to exposure to the pulmonary cancer and the duties were low.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In full view of the Plaintiffs’ assertion death diagnosis statement, the deceased’s doctor’s doctor, and the opinion of this court, the deceased who worked as a optical source for 16 years and 16 months died on the ground of occupational lung cancer. Even if the deceased died on the flachio, the flachi shall be deemed to have died on the ground of an occupational disease. Even if the deceased died on the flachio, the flachio caused the death by the flachio by the flachio, and thus, the flachio becomes worse because it is difficult to

Therefore, the death of the deceased is the mother.

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