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(영문) 서울행정법원 2017.07.06 2016구합70727
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. The Plaintiff’s husband’s husband’s net B (hereinafter “the deceased”) is a person who served as the husband at C from May 1, 1973 to June 1, 1980.

B. Around November 2009, the Deceased died on May 18, 2013 after being diagnosed as primary lung cancer (ship cancer) and being treated as a direct death.

C. The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and claimed the payment of bereaved family’s benefits and funeral expenses. However, on May 9, 2016, the Defendant rendered a decision to pay bereaved family’s benefits and funeral expenses to the Plaintiff on the ground that: (a) the deceased’s work performed using coal in underground mines for a maximum of 8 years (at least seven years and one month) prior to the death of the deceased; (b) was exposed to the determined free acid, which is an pulmonary cancer, during which the period of service was shorter and the cumulative exposure was not high; (c) and (d) there was no proximate causal relation between the deceased’s work and the death after the lapse of about 30 years from the time of the death of the mine; and

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In light of the following: (a) the Plaintiff’s assertion: (a) the deceased worked as coal parts in the underground pits of the coal mines for about seven years and one month; (b) the work in the underground pits was exposed to cancer; (c) the workers working in the above working environment on the ground that the workers are excessively exposed to cancer in comparison with the general public; (d) the frequency of the outbreak from the time when 15 years have elapsed since the exposure to the cancer was increased to the time when 30 years have passed since the exposure to the cancer; and (e) in the case of the occupational cancer, a proximate causal relation exists between the deceased’s work and the death of the deceased, taking into account the volume of exposure, the duration of exposure, and the duration from the time when the exposure occurred, even if 10 years have passed since the exposure to the cancer.

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