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(영문) 서울행정법원 2016.01.15 2015구합64404
유족급여 및 장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The network B (CB, hereinafter referred to as the "the network") was engaged in coal dusty work between approximately two years and four months at D Mining Center.

After the deceased retired from D Mining Center on December 15, 2009, the deceased was determined to be 1/0 of pneumoconiosis type 1/0 and 60 of cardiopulmonary function (normal) as a result of a close inspection on pneumoconiosis symptoms. Accordingly, the deceased was subject to the disability grade No. 13 class 16, and the result of the above examination and the disability grade were maintained even in the close inspection conducted on January 27, 201 by the deceased.

The above pneumoconiosis of the deceased was recognized as an occupational accident.

On November 1, 2014, the Deceased died as a direct death of a blood relative due to the pulmonary waste.

The Plaintiff asserted that the deceased’s spouse died from pneumoconiosis caused by occupational accidents, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on April 3, 2015, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that it is insufficient to deem that the deceased died from pneumoconiosis.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 4, and the purport of the entire pleadings as to the legitimacy of the disposition of this case, which resulted in the plaintiff's death of the deceased, shall be deemed to have occurred due to the pneumoconiosis of the deceased. The defendant judged otherwise. The disposition of this case is unlawful.

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

In fact, it is judged that the occurrence of the waste gathering that became a private person of the deceased's opinion of the defendant's advisory opinion has a greater impact on the long-term flood life due to dementia than the pneumoconiosis symptoms.

The deceased's pneumoconiosis and death are considered to be low related.

While the Deceased died due to the pulmonary death, it is unlikely that the pulmonary value of the Deceased may be caused by the pneumoconiosis and the combination thereof.

Rather, the pulmonary collection is due to the braination, dementia, and heart failure.

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