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(영문) 서울행정법원 2015.01.15 2013구합9441
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The net B (Cre, hereinafter referred to as “the net”) worked as the source of origin at the mobilization company, North Korea Mining Center, for seven years in total from March 10, 1971 to June 20, 1973, and from January 12, 1975 to November 4, 1980.

B. From June 25, 2001 to June 30, 2001, the Deceased Hospital of the Korea Industrial Medical Center received the diagnosis of pneumoconiosis-type 2/1 and the diagnosis of pneumoconiosis-type 2/1 as a result of the precise diagnosis at the East Sea Hospital of the Korea Industrial Medical Center, and began medical care at the East Child Hospital.

C. On April 28, 2012, the Deceased died from the hospital located in the East Dissolution 39 as a direct death death, such as acute hysium, the intermediate preemptive event, and the aggravation of the type of pneumoconiosis, and the symptoms of pneumoconiosis, which are prior death.

On May 8, 2012, the Plaintiff, as the wife of the Deceased, claimed that the Deceased died of pneumoconiosis, which is an occupational disease, and claimed the payment of bereaved family benefits and funeral expenses due to the death of the Deceased.

E. However, on January 30, 2013, the Defendant rendered the bereaved family’s benefits and funeral site pay disposition (hereinafter “instant disposition”) to the Plaintiff on the ground that “The deceased’s direct death is difficult to be recognized due to the aggravation of food cancer and the death caused by the pneumoconiosis or the mix thereof.”

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 7 evidence, Eul's 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s assertion aggravated pneumoconiosis and its combination, there is a proximate causal relation between the death of the deceased and the pneumoconiosis.

Therefore, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) In fact, the deceased’s failure to perform his/her duty on November 8, 201, the deceased’s failure to perform his/her duty on the part of the deceased (FVC) was 4.25L (97% of the normal predicted value), 2.98L (FV1), and 19% of the normal predicted value (FEV1/FVC), and 70.1% of the primary rate (FEV1/FC) of the cardiopulmonary function (F0).

B. The deceased is gradually being under medical care in the Dong Dissolution Re Hospital.

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