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(영문) 서울행정법원 2014.07.18 2013구합26125
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on October 23, 2012 as bereaved family benefits and funeral expenses shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B (1927, South Korea) was employed and worked in the Korea Coal Corporation's Do mining center on February 19, 1960, and was judged as having been based on an active pulmonary tuberculosis accompanied by pneumoconiosis symptoms (0/1) at the examination of pneumoconiosis conducted by the Kanyangnam General Hospital on October 1996.

After that, B died at the above hospital on November 8, 201.

B. The Plaintiff, a child of B, claimed the bereaved family benefits and funeral expenses to the Defendant on the ground that “B died of pneumoconiosis.”

Accordingly, on October 23, 2012, the Defendant rendered a disposition of bereaved family's benefits and funeral expenses (hereinafter "the instant disposition") to the Plaintiff on the ground that "B died of a parosis caused by a dub or more severe injury than a long-term injury."

C. The Plaintiff appealed and filed a request for review on January 2, 2013, but received a decision of dismissal from the Defendant on May 28, 2013.

Accordingly, the Plaintiff filed a request for reexamination on July 19, 2013, but was dismissed by the Industrial Accident Compensation Insurance Reexamination Committee on August 29, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9, Eul evidence Nos. 1, 3, 5, and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion B not only aggravated the pneumoconiosis at the time of death, but also died of severe respiratory disorder according to the analysis result of the dynamics gas analysis, but also there was no medical examination result to support the death. However, considering the fact that there was no medical examination result to support the disease, and that the pneumoconiosis does not completely recover if it occurred once, and that it is caused by the decline in the immunity function of the telegraph and thereby caused the death of the complication, there is a proximate causal relation between the death and the depression of the Plaintiff, and thus, the instant disposition is unlawful.

(b) Entry in the attached Form of relevant statutes;

C. Facts of recognition from August 21, 1995 to

8. Certificate of 26. 26. Written evidence (Jin-type 0/0) between July 1, 1996

7. 6. 1 F. M. M. M. Unauthorized Disability (A. 0/1) from October 21, 1996 to October 26, 1996, medical care (A. 0/1 of the type of disease, pulmonary pulmonary Tuberculosis), B pneumoconiosis symptoms.

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