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(영문) 수원지방법원 2015.11.20 2014구단30972
유족급여 및 장의비 부지급 처분 취소
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 deceased B was employed in C on 1986 and worked in the dusty work site for about 20 years as a cancer technician. Around June 2005, the disability grade No. 13 is higher, and around 2010, the deceased B was employed in D with the disability grade No. 11. Around March 19, 2012.

3. In the precise diagnosis of pneumoconiosis conducted on December 23, 201, the pneumoconiosis grade No. 3 subparag. 6 was judged as “harm-type 2/2, bb, pt,q/t, and cardiopulmonary function F2 (ney disability), and died on August 18, 2013.

B. At the time of the deceased’s death, the Plaintiff, a wife of the deceased, was diagnosed as “pulcopum 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 pulmon

C. On December 16, 2013, the Defendant rendered a disposition of bereaved family’s benefits and funeral expenses on the ground that there was no direct causal relationship with pneumoconiosis symptoms on the ground that the deceased died of pulse pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pule caused by the combination of pulse pulmonary pulmonary and pule

(hereinafter referred to as “instant disposition”). / [The grounds for recognition / Each entry of evidence Nos. 1 and 2, and the purport of the entire pleadings

2. Whether the disposition is lawful;

A. Although the Plaintiff’s assertion died at the disposal of the deceased, it is reasonable to view that the decline in the function of the pulmonary function due to pneumoconiosis and the weakening of the deficiency power have caused the death of the deceased due to the aggravation or aggravation of the pulmonary value. As such, the death of the deceased is an occupational accident.

Therefore, the instant disposition is unlawful.

B. The statements in subparagraphs 3 through 7 of the board Gap alone are insufficient to recognize that the pulmonary convergence of the deceased was caused by pneumoconiosis or pneumoconiosis complications or aggravated due to natural progress, and there is no other evidence to acknowledge it.

Rather, this Court stated in the evidence Nos. 2, 3 and 4, and the Netcheon University of this Court.

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