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1. The disposition that the Defendant rendered to the Plaintiff on July 19, 2017 as bereaved family benefits and funeral site wages shall be revoked.
2. The costs of lawsuit shall be.
Reasons
Details of the disposition
B (C) From April 16, 1976 to December 31, 1988, the Korea Coal Corporation served as mining source and engaged in dusty work.
B was hospitalized in D hospital on December 3, 2002 after receiving the decision of medical care from the date of the close diagnosis as follows: Tbre, tbre, and other mergers, non-activable pulmonary tuberculosis.
B died on November 11, 2016 while being hospitalized for a long time.
A death diagnosis letter, which is written as an abstract cancer, was issued by a person who is the direct death.
The plaintiff is the spouse of B (hereinafter referred to as “the deceased”).
On July 19, 2017, the Defendant rendered a disposition to the Plaintiff on the ground that “the deceased’s death appears to be low in relation to pneumoconiosis,” on the ground that “the deceased’s death appears to be low in relation to pneumoconiosis,” the bereaved family’
(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence Nos. 1 through 8, Eul evidence No. 1, Eul evidence No. 1, and the purport of the entire pleadings are as shown in the attached Form of the relevant statutes.
(hereinafter “The Act” and “Enforcement Decree” under the Industrial Accident Compensation Insurance Act. Whether the disposition of the instant case is lawful or not, the Plaintiff’s deceased, who asserted whether the disposition of the instant case was lawful, did not merely die from arctal cancer, but died by combining dump cancer with dump cancer.
Death of the deceased constitutes an occupational accident.
Judgment
There is no dispute between the parties as to the fact that the deceased was caused not only by extracting cancer but also by lung cancer before death.
As seen earlier, since the disease symptoms of the Deceased falls under Type 1, [Attachment 11-2] of the Enforcement Decree
1.(a)
(3) If the cause of the death cancer of the Deceased is its original origin, it shall be recognized as a complication for pneumoconiosis (attached Table 11-2 of the Enforcement Decree)
3.(a)
(4) We refer to the situation that the deceased’s age or ability of smoking may be a dangerous person causing or aggravated lung cancer does not cut off the causal link between pneumoconiosis and primary lung cancer outbreak.
2. National Cancer Center: