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(영문) 서울행정법원 2019.04.04 2017구합76494
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. E (F) as referred to by the plaintiffs had worked in G coal mines for about 13 years and 6 months from June 10, 1976 to January 1, 1990.

B. In around 1982, E was diagnosed by the Defendant, and was determined at Grade 11 of the disability grade, and around 2010, after being diagnosed by the Defendant, the Defendant was determined at Grade 2 of the pneumoconiosis type 2 (2/3) and the merger symptoms ples (px).

C. From October 20, 2010, E began to be hospitalized in H Hospital, and repeated the hospitalization and discharge from hospital, and received treatment on or around June 21, 2016, E was hospitalized in the I Hospital and was receiving treatment. As a result of the decline in oxygen, E was hospitalized in the I Hospital, and died (hereinafter “E”) around August 1, 2016.

On June 8, 2017, the Plaintiffs filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses, but the Defendant rendered a land-based payment disposition (hereinafter “instant disposition”) against the Plaintiffs on the ground that the Deceased’s death was not caused by pneumoconiosis and its merger.

【Ground of recognition】 The fact that there has been no dispute, and the entries and arguments in Gap 2, 3, and 4 are all made.

2. Whether the instant disposition is lawful

A. After receiving the diagnosis of the type 2 of pneumoconiosis, the deceased allegedly aggravated the pneumoconiosis and cardiopulmonary function, and the possibility of infections due to the degradation caused by the pneumoconiosis increase. In light of all the circumstances, the deceased appears to have caused death as a result of the combination of the pulmonary function decline and the pulmonary difficulty caused by the pneumoconiosis, and there was no individual’s existing disease other than the pneumoconiosis and pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

(b) as shown in the attached Form of the relevant statutes;

C. The time of recognition of the deceased’s diagnosis of pneumoconiosis type.

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