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(영문) 서울행정법원 2016.12.23 2015구합54322
유족급여및장의비부지급처분취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The deceased F (G students, hereinafter “the deceased”) who is the husband of A had worked as the source of coal at the Gangwon Coal Mining Co., Ltd., and according to the evidence No. 5, it appears that the deceased worked from November 1, 1989 to April 1, 1991;

As a result of the precise diagnosis conducted by the East Masan Hospital on December 12, 1990, the disability grade No. 11 was determined as pneumoconiosis-type 4A, and on September 2008, the result of the precise diagnosis conducted by the Tae Tae Masan Hospital on September 2008, the pneumoconiosis-type 4A, and the combined engine infection was determined and hospitalized in the above hospital from November 25, 2008.

(B) From June 2, 2009 to June 2, 2010, the medical care was provided.

On September 23, 2013, the Deceased died as “the head of the immediate death and the pneumoconiosis as the preceding death.” Accordingly, A claimed for the payment of bereaved family benefits and funeral expenses to the Defendant by asserting that the death of the Deceased constituted occupational accidents. However, on March 18, 2014, the Defendant rejected each of the above claims by A on the ground of the opinion of the research institute for occupational cardiopulmonary disease, stating that “The limitation on the cardiopulmonary function disorder (F1/2) corresponding to the minor cardiopulmonary function disorder (F1/2) is not determined to have resulted in the death as a result of rapid aggravation of one year and six months only in the absence of the details provided by the deceased’s death.”

(hereinafter “instant disposition”). C.

A, dissatisfied with the instant disposition, filed a petition for review to the Industrial Accident Compensation Insurance Review Committee, but was dismissed on October 31, 2014.

A filed the instant lawsuit on February 13, 2015, but died on March 21, 2016 while the lawsuit was pending, and the Plaintiffs, their children, taken over the instant lawsuit proceedings.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. If it is recognized that an employee who is or was engaged in dusty work has died of pneumoconiosis, complication, or other causes related to pneumoconiosis, his/her duties.

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