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(영문) 서울행정법원 2018.08.16 2017구합57486
진폐유족급여및장의비부지급처분취소
Text

1. On December 13, 2016, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s spouse B (CB, hereinafter “the deceased”) worked in the Masan Mining Center, etc. from February 1974, and worked in the Taesan Mining Center from May 6, 1986 to August 30, 1986.

B. In the precise diagnosis of pneumoconiosis that took effect from August 14, 2006 to August 19, 2006, the Deceased was diagnosed as follows: Type 1 (1/1); Category B (1/1); t (non- active tuberculosis); t (b); t (H), cardiopulmonary pulmonary Noise); F1/2 (Minor Disability); 11/9: 10; 15 (HH). From the precise diagnosis of pneumoconiosis that took effect from October 27, 2008 to October 31, 2008, the Deceased was diagnosed as "Type 1 (1/1); HH : F1 (D ; 7: 7: 15; 7: 15; 15: 201: 3: 1: 1: 201; 201: 3; 3.15: 4; 201: 3; 3. 1: 4; 2010; 4; 3. 3. 4; 3. 4. ; 4. ; ; ; 4. ; ; m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. m.).

C. Around 05:20 on March 30, 2016, the Deceased was found to have been used in a sanatorium. Around 06:56, the Deceased was sent to a hospital emergency room, but was already dead.

D A doctor affiliated with D Hospital prepared a written autopsy report on the deceased on the same day, and stated that “The possibility of death due to pneumoconiosis and pulse in direct death” in the direct death column.

On April 12, 2016, the Plaintiff claimed the bereaved family’s benefits and funeral expenses to the Defendant. On December 13, 2016, the Defendant rendered a decision on the bereaved family’s benefits and funeral expenses according to the advisory opinion of the institute for research on occupational cardiopulmonary Disease that the deceased’s death cannot be seen as the death due to pneumoconiosis symptoms and the combination thereof.

(hereinafter “Disposition in this case”). [Grounds for recognition] A without dispute, entry in Gap’s Evidence Nos. 1, 2, and 5 through 7, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has aggravated the function of the deceased due to the pneumoconiosis, which is an occupational disease, and the combination thereof, and caused the death to be treated several times due to the difficulty of repulmon and the pulmonate, etc., and the death and the work of the deceased.

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