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(영문) 서울행정법원 2020.10.15 2019구합78890
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. B worked as an coal mine from the coal mine from February 1, 1964 to June 5, 1989.

B. B was determined as Grade 13 of pneumoconiosis disability due to pneumoconiosis in Type 1 (F0) (1/1) without any cardiopulmonary function disorder (F0), in a health examination conducted on December 19, 2014.

C. B was hospitalized in a hospital from May 21, 2018 to June 4, 2018, and was treated under the diagnosis of waste collection from June 7, 2018, and died due to the diversity (CRAB or MRAB) on June 22, 2018 while being treated under the diagnosis of waste collection.

(B) B is referred to as “the deceased” from the following:

망인의 사망진단서에 사망원인으로 ‘㈎ 직접사인: 패혈증, ㈏ ㈎의 원인: 폐렴, ㈐ ㈏의 원인: 진폐증’으로 기재되었다.

E. On June 13, 2019, the Defendant rendered a disposition of bereaved family’s benefits and funeral expenses on the ground that it is difficult to recognize that the deceased died due to pneumoconiosis to the Plaintiff, a spouse of the deceased.

[Reasons for Recognition] Uncontentious Facts, Gap's evidence 1 through 4, Eul's evidence 4, the result of the request for appraisal of medical records to the Chief of the Seoul National University Hospital at this court, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the defendant's disposition of bereaved family benefits and funeral site wages is legitimate;

A. The Plaintiff’s assertion that the disease of the deceased had been continuously treated as a normal pneumoconiosis, thereby undermining the immunity. As such, in the medical facility, the disease of the deceased was infected by multiple resistant germs during the treatment process of pneumoconiosis and died, there is a proximate causal relation between the death of the deceased and the pneumoconiosis.

B. The following facts and circumstances may be acknowledged or known in full view of the facts and the evidence as seen earlier, the evidence, and the evidence No. 3 as seen earlier.

According to this, the evidence submitted by the Plaintiff alone is insufficient to recognize that the deceased was infected or died of the pulmonary disease due to pneumoconiosis, and there is no other evidence to recognize this otherwise.

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