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(영문) 서울행정법원 2021.03.25 2019구합77309
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

A. B(C) served not later than January 9, 1998 as mining source and quarrying workers in D Co., Ltd.

B On January 7, 2004, as a result of precise diagnosis of pneumoconiosis, the grade 13 (type 1/0, f0 ( normal) was judged as disability, such as disability.

B. B was hospitalized in a convalescent hospital from around 2013 to dementia, and on March 14, 2014, K-MMS summary mental condition test (Mini-My State Examination) is below 20 points, it constitutes dementia.

15/30, and 6 points as a prosecutor (Glbal Deale) and 7 points as the scale of the overall retirement of GDS are serious disorder (midstanding dementia).

6/7 was the 6/7 point.

B From May 20, 2016, he sent a brupted state with a telecommunication decline and a difficulty, and had a landscape awareness from March 1, 2017 through a corruption pipe (L-be).

(c)

B According to the chest X-ray image outcome, the opinion of the right-of-hand convergence was observed on March 20, 2017. On April 3, 2017, along with the right-hand chest was accompanied by the opinion of intrusion. On April 22, 2017, however, even though the opinion of intrusion was shown in the opinion of right-of-hand abolition on April 22, 2017, however, on May 26, 2017, it was difficult to go back by administering a heat and oxygen accompanied by a leap opinion, and thereafter, the discharge of the guest was continued, and the opinion of abolition was aggravated on May 30, 2017.

(d)

B Since then, as the emission, heat, and oxygen continued, the waste of the pulmonary waste has deteriorated on June 3, 2017, and died into the respiratory part (hereinafter “the Deceased”). E. On December 12, 2018, the Defendant rendered a disposition of unpaid family benefits and funeral’s non-payment on the ground that “the Deceased died because the pulmonary waste irrelevant to pneumoconiosis has deteriorated.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7 through 13, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the defendant's disposition of paying the bereaved family benefits and the head's non-land wages is legitimate;

A. The Plaintiff, while receiving continuous treatment and recuperation due to pneumoconiosis, destroyed the substance of the pulmonary treatment and exempted therefrom.

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