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(영문) 춘천지방법원 2021.03.23 2020구합50087
진폐 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 Plaintiff’s spouse B (C life, hereinafter “the Deceased”) engaged in dusty work at the Korea Coal Corporation D Mining Corporation from June 30, 1979 to September 23, 1983.

B. On April 19, 201, the Deceased was diagnosed with pneumoconiosis symptoms, and was rated by the Defendant as a disability in Category A (1/0), Category B (1/0), Category B (1/2), Category B (1/1), Category B (1/1), Grade B (1/1), Grade B (F1/1), and Grade VII (F1/1), Grade VII (1/1), and Grade VII (15) in the re-examination on October 14, 201, and was determined as a disability in the cardiopulmonary function (F1/1), Category C (1/1), Category B (e-F), Non-Activities pulmonary tuberculosis (tb), 31, 13-2, and 15, respectively.

The Deceased died on November 7, 2018, which was under medical care due to the diagnosis of pneumoconiosis.

(d)

The Plaintiff applied for the payment of survivors’ benefits and funeral expenses to the Defendant.

On May 8, 2019, the Defendant rendered a decision on site pay (hereinafter “instant disposition”) on the ground that “In consideration of the result of medical advice that the result of the review of medical record is judged as to the death of the heart, knium knium serum, and knium knium knium due to the heart and the heart, and that the relationship with the pneumoconiosis is low, the Defendant shall not be deemed to have a substantial causal relationship between the pneumoconiosis and the death.”

E. The Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant, but the Defendant dismissed the said request for examination on November 21, 2019.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was diagnosed of pneumoconiosis symptoms and received disability rating from the Defendant, and thereafter died during the medical care following the diagnosis of pneumoconiosis.

Considering these circumstances, it is reasonable to regard the death of the deceased as a result of aggravation of other diseases such as a kidne disease of the deceased, and thus, it causes death of the deceased.

(b) relevant legislation;

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