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(영문) 서울행정법원 2014.04.11 2011구합44174
유족급여및장의비부지급처분취소
Text

1. On December 22, 2011, the Defendant’s disposition of the bereaved family’s benefits and funeral expenses against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband B worked as a mining source in the Korea Coal Corporation’s Madern Mining Center.

B. B was judged as having a disability in light of the pneumoconiosis type condition and F0 (normal) at the precise diagnosis conducted from September 22, 2008 to September 26, 2008. At the precise diagnosis conducted from November 23, 2009 to November 27, 2009, the grade 13 grade 16 of the disability grade was determined as having been 1/0 of the pneumoconiosis type and 6 of the cardiopulmonary function (normal) in the precise diagnosis conducted from November 23, 2009.

Since April 2010, B was designated as a person subject to management by the Industrial Accident Compensation Insurance Act (Article 77 of the Industrial Accident Compensation Insurance Act, which requires a person who is likely to receive additional medical care such as a merger certificate, from among those whose occupational injury or disease was cured pursuant to the Industrial Accident Compensation Insurance Act) and received medical treatment at the sediment heart hospital.

C. B died at the residence on June 7, 2011, and the written death diagnosis is indicated as “unexplosive”.

1) On or around July 11, 2011, the Plaintiff is a deceased B (hereinafter “the deceased”).

(2) On July 26, 2011, the Defendant filed a claim for the payment of survivors’ benefits and funeral expenses with respect to the deceased’s death as an occupational accident. However, on the grounds that it is difficult to deem the deceased’s death to be caused by pneumoconiosis and its merger, the Defendant rendered a disposition of the survivors’ benefits and funeral expenses. (2) On December 12, 2011, the Plaintiff again filed a claim for the payment of survivors’ benefits and funeral expenses with respect to the Defendant. However, on December 22, 2011, the Defendant rendered a disposition of the survivors’ benefits and funeral expenses (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 (including virtual number; hereinafter the same shall apply), Eul evidence 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s opinions on the doctor’s view against the Deceased, the deceased’s opinion on the appraisal of medical records, etc., the deceased’s pneumoconiosis symptoms and the results therefrom.

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