Plaintiff (Attorney Cho Young-chul, Counsel for the plaintiff-appellant)

Korea Labor Welfare Corporation

December 4, 2015

1. On March 27, 2013, the Defendant’s decision on the payment of pneumoconiosis survivors’ annuities and funeral expenses against the Plaintiff shall be revoked.

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

The same shall apply to orders and notes 1.

1. Details of the disposition;

A. The deceased non-party 6 (hereinafter “the deceased”) worked for eight years and five months from October 24, 1973 to March 29, 1982 as the collection line from the Korea Coal Corporation ○○ Mining Center and △△△△△△△.

B. Around June 201, the Deceased was determined by the medical corporation hospital hospital (type 2/1, type 2/1, type 2/t, tbb, 3/t) and class 16 of class 11 of disability.

C. On April 17, 2012, the Deceased was hospitalized in the Cheongsan Hospital and received treatment, and the symptoms have deteriorated on June 8, 2012, and died on June 8, 2012 (in cases of a direct death: pulmonary suspension (pulmonary function disorder) and a prior death (pulmonary function disorder).).

D. Around July 2012, the Plaintiff, a spouse of the Deceased, filed a claim against the Defendant for reimbursement of pneumoconiosis survivors’ benefits and funeral expenses under Articles 91-4 and 71 of the Industrial Accident Compensation Insurance Act. On March 27, 2013, the Defendant rendered a disposition against the Plaintiff on the ground that the cause of death of the Deceased cannot be deemed as a merger due to pneumoconiosis or pneumoconiosis (hereinafter “instant disposition”). The Plaintiff filed a petition for review against the Defendant on June 21, 2013, and the Defendant dismissed the Plaintiff’s petition for review following deliberation by the Industrial Accident Compensation Insurance Review Committee on August 30, 2013. The Plaintiff filed the instant lawsuit on November 29, 2013.

[Ground of recognition] Gap evidence Nos. 1, 2.4, 5, 8.8. through 13 (including virtual numbers), Eul evidence Nos. 1, 2, and 5, the facts without dispute, the purport of the whole pleadings

2. The plaintiff's assertion

The end-of-life, which is the cause of death of the deceased, was caused by pneumoconiosis and pneumoconiosis combination (defluence type) of the deceased. Even if not, there is a proximate causal relation between the death of the deceased, pneumoconiosis and pneumoconiosis combination, since the pulmonary convergence was easily caused or rapidly aggravated due to pneumoconiosis and pneumoconiosis combination.

3. Related statutes;

It is as shown in the attached Form.

4. Determination

(a) Facts of recognition;

1) The deceased’s health condition

A) The Deceased suffered bodily injury, etc. due to traffic accidents in 2000.

나) 망인은 2004. 1.경 ◆◆◆◆의료원 ◈◈◈◈의료원에서 진폐증(병형 2/1, 합병증 tbi) 판정을 받았고, 2005. 3.경 의료법인 □□병원에서 진폐증{병형 2/1, 합병증 tbi, 심폐기능 F1/2(경미장해)} 판정 및 장해 11급 9호 등급을 받았으며, 2011. 6.경 의료법인 □□병원에서 진폐증(병형 2/1, 합병증 tbi, 음영크기 q/t) 판정 및 장해 11급 16호 등급을 받았다.

다) 망인은 2003. 10.경 ▷▷▷▷▷대학병원에서 급성 뇌경색 소견을 받은 후 치료를 받았고, 2005. 3.경 위 병원에서 뇌경색 재발로 의심되는 증상(좌측 안면마비, 좌측 부전마비, 좌측 심부건반사 증가, 좌측 바빈스키 징후 양성, 혀가 좌측으로 돌아감)을 진단받았다. 2010년에는 보행장애 및 좌반실 마비, 가벼운 연하장애 증상이 있었고, ♤♤병원에서 폐렴 치료를 받았는데 당시 고열·객담·기침·호흡곤란 등의 증상을 보였다. 2011. 11. ◐◐◐◐병원에서 진료를 받을 당시 보행장애 및 좌반신 마비가 있었다. 2012. 4.경 폐렴으로 인해 □□병원에 입원할 당시 엉덩이와 대퇴 부위에 욕창이 있는 등 와상(와상) 상태였고, 좌측 편마비와 실어증이 있었으며, 연하장애 소견이 수차례 확인되었다.

D) On April 17, 2012, the Deceased was hospitalized in the middle-patient hospital, and was hospitalized in the oxygen, antibiotics, and hydropulmonary resuscitation treatment. From June 3, 2012, the respiratory distress began on the date of hospitalization, and on June 4, 2012, the heart was increased, and the end blood oxygen was reduced by 83%. On June 5, 2012, the oxygen was opened at the low rate of 54%, and food was diversing and affected the consciousness of blood, and was killed on June 6, 2012, when the blood pressure was reduced again and the blood pressure was reduced.

E) Although the Deceased’s opinion on the closure of all the nights on April 17, 2012, the symptoms of the left-hand night were more serious. On May 23, 2012, the opinion of the convergence of the closed nights on the left-hand side has deteriorated the view of the convergence of the closed view on May 23, 2012, and on May 29, 2012, the view of the convergence of the closed view on both sides of the closed view, but on June 5, 2012, the aggregate of the closed view on the right-hand side has deteriorated.

(ii) medical opinions

A) Death diagnosis report: Non-party 4 of the doctor of △ Hospital;

(a) A direct death: A pulmonary suspension (pulmonary function disorder);

(b) Grounds under subparagraph (a): Waste collection;

(c) Grounds of subparagraph (b): Ton the disposal of the species, cage, or cage;

(d) Grounds under (c): Pneumoconiosis;

B) Answer to medical opinion inquiry: Non-party 4 of the doctor of △ Hospital

(1) The treatment period of the Deceased: February 21, 2006 to June 8, 2012

(2) Treatment of the Deceased’s respiratory distress, parassis, guest tobacco withdrawal, etc., by relaxing symptoms through an extension of the engine site, strings, antibiotics, etc.

(3) The pulmonary disability of the Deceased appears to be caused by the pulmonary disorder caused by the pneumoconiosis and the pneumoconiosis, the pulmonary disorder caused by the pulmonary disorder, and the pulmonary function disorder caused by the pulmonary disorder, and the pulmonary function disorder of the Deceased is deemed to be the cause of the pulmonary function disorder of the Deceased (the disorder of the process in which oxygen and carbon dioxide exchanges are exchanged between the pulmonary surgery and the pulmonary surgery due to the symptoms where the pulmonary pulmonary function disorder (the disorder of the process in which oxygen and carbon dioxide exchanges are performed) and the spread function disorder (the disorder in the process in which the pulmonary resuscitation and carbon exchange

다) 진폐에 따른 사망 여부 자문 회신 - ◁◁◁◁◁◁연구소 의사 소외 3

(1) The cause of the deceased’s death is the closure.

(2) From 2003 to 2003, the Deceased showed brain flame symptoms, and around 2005 to the left-hand malab, and around 2010 to the left-hand malab and pedestrian disability symptoms. Around April 2012, the Deceased appears to have been in an excessive state by deeming that her mm and her mort were in a desire on the left-hand flab. From March 2012, the death of the Deceased was observed. In light of such circumstances, it is determined that the malab, which is the cause of the death of the Deceased, is a pulmonary lab resulting from brain fladying.

(3) There is no proximate causal relationship between the deceased’s death and pneumoconiosis.

D) Inquiries reply to fact-finding: Non-party 5 of the doctor of △ Hospital

(1) around May 201, the Deceased suffers from pulmonary, mechanical infections due to complications caused by pneumoconiosis. Around May 201, the Deceased continues to suffer from respiratory distress, pulmonal, and urgical symptoms in his daily life.

(2) On April 17, 2012, the deceased’s waste was diagnosed in X-ray. There was no research disorder in the degree that caused the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary treatment period, and there was no rapid aggravation opinion and there was no normal aggravation opinion from the outbreak of cerebral pulmonary pulmonary pulmonary Elimination until death.

(3) It is reasonable to view the deceased’s pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Elimination

E) Results of appraisal of medical records and reply to inquiries: Non-party 1 of the occupational and environmental department at the △△ University

(1) Before the death of the Deceased, the disease type prior to the death falls under the category of pneumoconiosis 4 under the Industrial Accident Compensation Insurance Act (the detection of large-scale pneumoconiosis). The Deceased was in the state of the outbreak of one of the complications of pneumoconiosis (the chronic pulmonary lungs).

(2) According to the process of pneumoconiosis, patients suffering from pneumoconiosis are vulnerable to infections, such as pulmonary pulmonary infections due to a weak system following the process of pneumoconiosis, and do not properly respond to treatment. Furthermore, where patients with chronic pulmonary pulmonary infections such as pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmon

(3) Around April 17, 2012, the Deceased’s head cause of death appears to have been infected with the waste collection at the time of the transfer of the hospital in Seocho-gu, and later, around June 4, 2012, after drinking drinking water and drinking dust on and around June 4, 2012. Accordingly, the death of the Deceased’s main cause of death appears to be the resistant waste collection that occurred around June 4, 2012.

(4) Since the Deceased was in a state with a high risk of smoking due to a chronic pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

(5) A patient suffering from pneumoconiosis is likely to be more vulnerable to the outbreak of pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary disease

(6) There is no outcome of the study verified and re-verification with respect to the correlation between pneumoconiosis and cerebral chronology.

[인정근거] 갑 제4호증, 을 제1 내지 4호증, 이 법원의 의료법인 □□병원, ♤♤병원, ◇◇◇대학교 ☆☆☆☆병원에 대한 각 사실조회 회신, ◇◇◇대학교 ☆☆☆☆병원 의사 소외 1의 진료기록감정촉탁 회신, 변론 전체의 취지

B. Determination

In full view of the following circumstances, the Defendant’s disposition of this case on the ground that there is no proximate causal relation between the deceased’s pneumoconiosis and the death, or at least it seems that the pneumoconiosis and the pneumoconiosis are influenced by the outbreak or aggravation of the waste which caused death (the rapid aggravation above the natural progress level). Therefore, the Defendant’s disposition of this case on the ground that there is no proximate causal relation is unlawful.

A) According to the medical certificate of death written by Nonparty 4 and the medical opinion of the deceased, it is reasonable to view that the respiratory part caused by the closure of the body was the principal cause of the deceased’s death.

나) 폐렴의 발생 원인을 정확하게 파악하는 것은 어려운 일인데, 망인에게 폐렴이 발생한 원인으로는 ① 진폐증으로 인하여 발생한 경우, ② 뇌경색으로 인하여 연하기능(식도로 음식물 등을 넘기는 기능)이 약화됨에 따라 폐렴균에 감염된 음식물 등이 기관지와 폐로 잘못 넘어가 발생한 경우(이로 인한 폐렴을 ‘흡인성 폐렴’이라 함) 또는 ③ 위 두 가지 원인이 복합적으로 작용한 경우를 상정할 수 있다. 이에 대해 ◁◁◁◁◁◁연구소 의사 소외 3, ◇◇◇대학교 ☆☆☆☆병원 의사 소외 1은 망인이 2014. 4.경 와상 상태에 있었고 연하장애 증상이 보였음을 근거로 망인의 폐렴 발생 원인이 흡인성 폐렴으로 보인다는 의견을 냈고, 망인의 사망 당시 진료했던 □□병원 의사 소외 4는 망인의 폐렴을 진폐증 등으로 인해 발생한 폐렴으로 진단하였다(나아가 □□병원 의사 소외 5는 망인에게 흡인성 폐렴을 발병시킬 정도의 연하장애가 진단된 적이 없다는 의견을 내었다). 이처럼 망인에게 폐렴이 발생한 원인이 위 ② 경우에만 해당한다고 단정할 수 없는 이상 진폐증도 망인에게 폐렴을 발생시킨 하나의 원인이 되었다고 추단함이 타당하다.

다) 만일 망인의 사망원인인 폐렴이 뇌경색 후유증으로 인한 흡인성 폐렴이라고 보더라도, ◇◇◇대학교 ☆☆☆☆병원 의사 소외 1의 진료기록감정촉탁 회신 및 사실조회 회신에 의하면, 진폐증 및 진폐로 인한 만성폐쇄성폐질환을 앓고 있던 망인은 정상인보다 흡인성 폐렴에 걸릴 가능성이 높았고, 치료 예후도 나빴을 것으로 보이므로, 적어도 망인의 진폐증 및 진폐합병증은 흡인성 폐렴의 발병 또는 악화에 영향을 미쳤다고 봄이 타당하다.

C. Sub-committee

It is reasonable to view that the cause of the outbreak or aggravation of pneumoconiosis, which is the cause of the death of the deceased, was the cause of the death of the deceased, or at least the outbreak or aggravation of the pulse. Thus, the Defendant’s disposition of this case on the premise that there is no causal relationship between the death of the deceased’s pneumoconiosis and the pneumoconiosis comulse shall be revoked.

5. Conclusion

If so, the plaintiff's claim is reasonable, and it is decided as per Disposition.

[Attachment]

Judge Ma Sung-young (Presiding Judge)

(1) Although the date of disposition was stated in the complaint as “ August 30, 2013,” the Plaintiff appears to be an obvious clerical error.

Note 2) Non- Activity-pulmonary tuberculosis

Note 3) The diameter, width, display. The size of the regular pattern is indicated by P,q, and r, and non-permanent sound is marked by s, t, and u.q. P is not less than 1.5m but not more than 3m (p: 1.5m, r; 10m but not more than 10m) in the diameter of the sound, the width of which is not less than 1.5m and not more than 3m (s: 1.5m; 3m and not more than 10m) in width (not more than 1.5m; 3m and not more than 10m).