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(영문) 서울행정법원 2013.11.14 2013구합5081
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 Plaintiff’s husband B (CB, hereinafter “the deceased”) has worked in the Korea Coal Corporation, Korea Coal Corporation.

B. On March 29, 2007, the Deceased was diagnosed as “herical pulmonary tuberculosis accompanied by pneumoconiosis (0/1)” in the pneumoconiosis health examination conducted by the East Dissolution Re Hospital, and obtained approval for the medical care from the Defendant. The Deceased died on January 12, 2012 at the East Dissolution Re Hospital via multiple hospitals during the medical care.

In the death diagnosis report, the direct death of the deceased is the cause of acute cardiopulmonary pulmonary pulmonary pulmonary pulmonary pulmonary and acute pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

C. The Plaintiff asserted that the deceased’s death was due to the pneumoconiosis, which is an occupational disease under the Industrial Accident Compensation Insurance Act, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on April 18, 2012, the Defendant rejected the claim on the ground that “The pulmonary Tuberculosis, which is the first reason for medical care, was completely cured, was judged not only to have been cured, but also not to have been able to have been 1 or more type of pneumoconiosis until one year before the death, and that the pulmonary convergence newly occurred is a reason for the death of the deceased,

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The deceased claiming for death of the deceased was infected by pulmonary pulmonary vesption causes within the hospital while being hospitalized for a long period of four years and six months due to pulmonary tuberculosis as a result of pulmonary pulmonary tuberculosis as a witness for pneumoconiosis mergers. As such, the deceased’s death constitutes occupational accidents.

B. (1) The result of the precise diagnosis of the deceased’s pneumoconiosis and other medical history (A) is as follows.

(B) At least one type of chest radioactive image taken from February 3, 201 to January 12, 201 with respect to the Deceased, or from the chest radioactive image taken before it.

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