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(영문) 서울행정법원 2018.02.21 2016구합67264
유족급여및장의비 부지급처분취소
Text

1. On June 16, 2015, the Defendant’s disposition of the pneumoconiosis survivors’ pension and funeral expenses against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s deceased B (CB, hereinafter “the deceased”) worked as mining sources and quarryings for about two years and nine months from February 10, 1971 to November 12, 1973, and for about five years from May 12, 1974 to May 10, 1979, and for about nine years from July 11, 1980 to August 21, 1989.

B. On August 21, 1989, the Deceased was diagnosed for the first time as a result of the precise diagnosis of pneumoconiosis 1/1, and the cardiopulmonary function F0 (Abnormal pneumoconiosis). On November 25, 2013, the Deceased was finally diagnosed as C-type 2/1, and as a result, after having undergone the precise diagnosis of pneumoconiosis, he was diagnosed as C-type 2/1, and Mabio pulmonary tuberculosis (tbb). On September 25, 2014.

C. On November 25, 2014, the Plaintiff asserted that the deceased’s death was caused by pneumoconiosis and its combination, and filed a claim for the payment of pneumoconiosis survivors’ pension and funeral expenses with the Defendant. However, on June 16, 2015, the Defendant rendered a non-sale disposition of pneumoconiosis survivors’ pension and funeral site pay (hereinafter “instant disposition”) on the ground that it is difficult to recognize the deceased’s death as caused by pneumoconiosis and its combination, based on the advice of the occupational waste medical research institute.

On September 11, 2015, the Plaintiff filed a request for review with the Defendant on December 16, 2015, but was dismissed on December 16, 2015. The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on April 21, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Eul's 1-1, Eul's 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion died due to the aggravation of pneumoconiosis and the combination of pneumoconiosis, so the proximate causal relation between the work and the deceased’s death should be acknowledged, and the instant disposition should be revoked as it is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) A person directly who is a deceased person on the death report (the deceased’s private person): A pulmonary part (the pulmonary part).

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