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(영문) 서울행정법원 2016.06.09 2014구합62142
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff’s father, the Plaintiff’s father of the instant disposition, worked as a mining source in the budget coal mine from February 1, 1971 to March 31, 1982.

B under the intensive diagnosis of pneumoconiosis from November 11, 2002 to December 16, 2002, after receiving the diagnosis of pneumoconiosis, the medical treatment was approved on December 23, 2002 as “mick-type 1 (1/0) and complicationative tuberculosis,” and died on January 17, 2013.

(hereinafter referred to as “the deceased”). The direct death of the deceased on the death report is pulmonary tuberculosis, nutritional imbalance, hystyphism, and hysphism, and the middle-line event is chronic pulmonary pulmonary disease, and the preceding death is pneumoconiosis and cerebral chysphism.

The Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant on September 12, 2013 on the ground that the deceased’s death constitutes occupational accidents. However, the Defendant rendered a decision on the survivors’ benefits and funeral funeral expenses on September 12, 2013 on the ground that “the deceased’s death is difficult to be deemed as a death

(hereinafter referred to as the “instant disposition”). [Grounds for recognition] The Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire statements and arguments by Gap’s evidence Nos. 1, 4, 6, and 7 are as follows: (a) there is a proximate causal relation between the deceased’s death, pneumoconiosis, and its merger; and (b) there is a causal relation between the deceased’s death, pneumoconiosis, and additional injury and injury.

Therefore, the death of the deceased constitutes occupational accidents and the disposition of this case by the defendant who rejected the Plaintiff’s claim for the payment of survivors’ benefits and funeral expenses on a different premise is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

On December 13, 2002, the Deceased was approved for medical care due to pneumoconiosis (type 1, 1/0 of pneumoconiosis disease type) and the active tuberculosis by the merged witness, and the following medical care has been provided.

On December 2002, the period of medical care and the type of medical care institutions.

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