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(영문) 서울행정법원 2016.11.03 2015구합63722
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The details and details of the disposition B (CB, the husband of the plaintiff) worked as coal mines or E mining centers from November 27, 197 to February 28, 1989.

B was diagnosed as 1/1 type of pneumoconiosis and F0(normal) in the pneumoconiosis health examination around February 1989. Around July 15, 1994, the pneumoconiosis health examination was determined as 11 degree of disability and received medical care at around April 22:40.

The diagnosis of the death refers to the state in which the dust has broken down to the pulmonary pulmonary Smoking, which is a direct death, the middle line event, the “definite, waste,” and the “ pneumoconiosis symptoms” as the preceding company, and the reaction of the pneumoconiosis is caused by the organized reaction thereof. The term “mal finite” refers to a dead body’s infinite, and the term “cinite reaction” refers to the cinite and fiber of the pulmonary cell. The symptoms of pneumoconiosis refer to the pulmon difficulty, pulmone, large quantity of materials, difficulty in discharging, and chest pains.”

(B) On April 15, 2014, the Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. On September 29, 2014, the Defendant rendered a decision on “bereaved’s benefits and funeral funeral expenses” on the ground that “it is difficult to recognize the cause of the death of the deceased as being caused by pneumoconiosis and a certificate of the merger thereof.”

(hereinafter “Disposition” (hereinafter “instant Disposition”). Inasmuch as there is no dispute, the written evidence Nos. 1 through 6 (including additional numbers), and the purport of the entire argument of the Plaintiff, the deceased’s assertion as to the purport of the argument, is either deceased due to pneumoconiosis, or as a result, with the impairment of the function of the pulmonary function due to pneumoconiosis and the deficiency degree has been deteriorated rapidly and rapidly aggravated due to their natural progress, the deceased’s death constitutes occupational accidents.

Nevertheless, the instant disposition is unlawful.

Judgment

It is as shown in the attached Form of the relevant statutes.

In fact, the deceased's pneumoconiosis type and cardiopulmonary function are recognized.

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