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(영문) 서울행정법원 2017.06.23 2016구합71546
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. From April 20, 1960 to December 31, 1972, the network B (hereinafter “the deceased”) worked as a mining source at the Korea Coal Corporation C Mining Center. On February 2, 2012, the medical care was approved as a result of the precise diagnosis of pneumoconiosis, and died on January 22, 2015 while hospitalized in a D Hospital from June 15, 2012.

B. On January 27, 2015, the Plaintiff, the deceased’s spouse, claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on June 15, 2015, the Defendant rendered a decision on site payment (hereinafter “instant disposition”) on the ground that the death of the deceased cannot be deemed as pneumoconiosis and its merger.

C. Accordingly, the Plaintiff filed a request for review with the president of the Korea Workers’ Compensation and Welfare Service, but was dismissed. On February 17, 2016, the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination, but was dismissed on May 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2, 3 and 6, the purport of the whole pleadings

2. Determination on the lawfulness of the instant disposition

A. The summary of the Plaintiff’s assertion affected the occurrence or aggravation of the pneumoconiosis symptoms and their mergers, which caused the death, and thus, the disposition denying the occurrence of proximate causal relation between the deceased’s pneumoconiosis and its combination and the deceased’s death is unlawful.

(b) as shown in the attached Form of the relevant statutes.

C. 1) The deceased's intensive examination of pneumoconiosis conducted on May 1, 200 to May 6, 200 as a result of the deceased's intensive examination of pneumoconiosis-type complication, i.e., 0/1 p., D Hospital 0/1 p., Oct. 21, 2002 to Oct. 26, 2002 to 0/1 p.m. 10/10 of E Hospital 0/1 T. 10 of E Hospital 0/1 T. 10 on Jan. 10, 204 to 10/100 of E Hospital 0/10 of E Hospital 0/10 of E. 10 of E. 24 April 24, 2006 to 10/100 of E. 10/6. 10/6. 200 of D Hospital 10/6. 17. 10/6. 17.

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