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(영문) 서울행정법원 2018.04.26 2017구합63283
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 B (CB, hereinafter “the deceased”) worked for the Korea Coal Corporation for Coal-Generating Business Place from June 14, 1970 to January 6, 1986, and from October 24, 1989 to March 29, 192, E Co., Ltd. as the respective coal-generating portion.

B. As a result of the diagnosis of pneumoconiosis conducted by the F Hospital around January 2003, the Deceased was diagnosed as “type 2/3, and cardiopulmonary function F0,” and the Defendant was determined as class 9 of the disability grade No. 11 from the Defendant. On December 7, 2007, the Deceased was diagnosed as “the 4A type of pneumoconiosis disease and the chronological infection (ef)” and the result of the diagnosis conducted by G Hospital around December 7, 2007, and was determined as medical care benefits by the Defendant.

C. From December 2007, the Deceased began to be hospitalized in G Hospital, and on September 27, 2014, the Deceased was re-hospitalized into G Hospital and received treatment on February 9, 2016, and died on February 29, 2016.

On June 17, 2016, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses. However, on January 24, 2017, the Defendant rendered a site-based disposition (hereinafter “instant disposition”) against the Plaintiff on the ground that the deceased did not have died of pneumoconiosis or pulmonary disease related thereto.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 4, 5, and 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was diagnosed with the type 4A of pneumoconiosis type 4A, which caused high concentration of coal dust during approximately 18 years of active service, around October 2005. Around October 2007, the Plaintiff was diagnosed with a merger witness of pneumoconiosis symptoms, and received a decision on medical care benefits from the Defendant.

Even after the treatment of chest infection, the deceased complained of continuous respiratory distress due to complicated pneumoconiosis, and died of a pulmonary waste that occurred around February 2016 in a state where the body has been extremely weak due to repeated pulmonary pulmonary disease.

As above, the deceased was diagnosed as complicated pneumoconiosis.

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