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(영문) 대구지방법원 2015.06.12 2014구단1500
유족급여등부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. C worked as the coal mine department in D on June 28, 2007, and was hospitalized in the literature-economic hospital from October 12, 2007, when the noise rule, which applied to both sides of the pneumoconiosis-type 1/1 pneumoconiosis, was diagnosed as “margument pulmonary tuberculosis” and was diagnosed as “margument pulmonary Tuberculosis” and received hospitalized treatment in the literature-economic day hospital.

B. From the end of July 2013, C died on September 17, 2013 while being treated in a middle-patient’s room, etc. due to the increase in back-to-date and CRP values and symptoms, etc., and died on September 17, 2013. The death certificate directly states that a private person is “debris” and the cause of the debris is indicated as “treatment.”

(hereinafter referred to as “instant disaster”). C.

Plaintiff

A is a deceased (accident C (hereinafter referred to as “the deceased”)’s spouse, and Plaintiff B is a deceased-person’s deceased-son, and the Plaintiffs filed a claim for funeral expenses against the Defendant on November 28, 2013 on the ground that the deceased person’s death constitutes occupational accidents, the Plaintiff A claimed as the bereaved family benefits beneficiary, and the Plaintiff B claimed as the deceased person’s deceased person’s deceased person’s deceased person’s deceased person’s deceased person’s deceased person’s deceased. D.

Accordingly, on January 9, 2014, the Defendant issued a disposition not paying survivors’ benefits and funeral expenses (hereinafter “instant disposition”) against the Plaintiffs on the ground that “It is determined that it is impossible to accurately know the cause of death of the deceased, but is not dead due to disease related to pneumoconiosis or pneumoconiosis,” on the ground that “the status of the deceased was completely cured of the pulmonary tuberculosis, and the pulmonary function was reduced by no later than eight months before the death, and the blood pressure, food, and blood oxygen was reduced by eight weeks prior to the death, but the blood pressure, food, and blood oxygen was reduced by maintaining the stable state.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, 7, and 9, and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion had been affected by pneumoconiosis while living in a long period of time, and accordingly caused pulmonary tuberculosis.

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