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(영문) 서울행정법원 2017.09.08 2016구합55537
유족급여및장의비부지급처분취소
Text

1. The Defendant’s revocation of a disposition to pay survivors’ benefits and funeral expenses to the Plaintiff on March 13, 2015.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From September 5, 1971 to March 1, 1976, the Plaintiff’s husband (CB, hereinafter “the deceased”) worked as the mine digging part from the Yellow Mining Complex Co., Ltd. to the mine mining area.

B. On March 15, 2014, the Deceased died from the Defendant’s disease type 2/1, and from the cardiopulmonary function F3 (highly disability) in 196, the Deceased was determined as to the medical care for 18 years at a specialized medical care institution and was receiving medical care in the specialized medical care institution for 18 years. At around 15:06, on March 15, 2014, the Deceased died in the form of a direct death, a pneumoconiosis proof of direct death, and a cardiopulmonary color.

C. On March 6, 2015, the Plaintiff asserted that the deceased died due to pneumoconiosis, and claimed expenses for survivors’ benefits and funerals. However, on March 13, 2015, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “The medical record and the doctor’s opinion are considered to be a acute eculation, and the direct death is judged to have a higher impact on the urine, high blood pressure, etc., which is a disease compared to the pneumoconiosis, and thus, the pneumoconiosis and death are deemed to have a lower relationship.”

Although the Plaintiff filed a request for examination against the instant disposition, the Defendant dismissed it on August 6, 2015, and the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed it on November 19, 2015.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s assertion was recognized by the Defendant on 1985, the disease was continuously aggravated until the end of the close diagnosis on 1996, and the medical care was determined by the specialized medical care institution for about 18 years. Considering the possibility that the death of the deceased, the disease of the cardiopulmonary and cardiopulmonary function decline or cardiopulmonary function decline caused by the death of the deceased was caused by the death of the death.

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