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(영문) 서울행정법원 2017.09.28 2017구합54128
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. The Plaintiff’s father D (EEs; hereinafter “the deceased”) was diagnosed as pneumoconiosis symptoms in the precise diagnosis conducted on January 6, 1979 to April 30, 1983, and was diagnosed as a result of the precise diagnosis conducted on June 28, 1982, and was approved by the Defendant on October 19, 2010, after being diagnosed as pulmonary tuberculosis with pulmonary tuberculosis.

B. From August 2014, the Deceased was discovered on January 12, 2016 and sent back at his home, while he was receiving the care from the KWC Hospital from around the KWC from August 2014, but died on the same day.

The cause of death in the body autopsy report of the deceased is indicated as the cardiopulmonary suspension caused by pneumoconiosis.

C. The Plaintiffs asserted that the deceased’s death constitutes occupational accidents caused by pneumoconiosis, and claimed for the payment of survivors’ benefits and funeral expenses. However, on December 21, 2016, the Defendant rendered a disposition to pay survivors’ benefits and funeral expenses on the ground that the deceased’s death was not caused by pneumoconiosis.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] . [In the absence of dispute, Gap evidence Nos. 4, 7, and 8, Eul evidence No. 1 (including additional numbers), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Examining the condition at the time of the death of the deceased alleged in the plaintiffs, the death of the deceased due to pneumoconiosis and its combination witness tuberculosis caused by pulmonary pulmonary tuberculosis, the death of the deceased and the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary A.

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