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(영문) 서울행정법원 2016.05.20 2015구합73385
유족급여및장의비부지급처분취소
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

Details of the disposition

The Plaintiff’s husband B (hereinafter “the deceased”) worked in the Sung-ju Mining Center from January 1, 1970 to October 20, 1983, and from January 10, 1985 to March 14, 1986, as the chine mining center.

The Deceased was judged as pneumoconiosis (class 11 of the disability grade) around August 1986, and received medical care benefits after obtaining medical care approval from the Defendant around February 2002.

On November 13, 2014, the Deceased died at around 19:50 on November 19, 2014 while hospitalized in C convalescent.

On November 30, 2014, the Plaintiff filed an application with the Defendant for payment of expenses for pneumoconiosis survivors’ annuities and funeral expenses. However, on June 16, 2015, the Defendant rejected the said application on the ground that considering the result of the examination on the pulmonary function of the Deceased as of June 16, 2015 and the clinical progress of the Deceased at the time of the death, it cannot be deemed that

(hereinafter referred to as “instant disposition”). [The grounds for recognition] did not dispute, each entry of Gap’s evidence Nos. 1 through 5, and the purport of the entire argument as to whether the instant disposition is legitimate, there are procedural defects in the Plaintiff’s disposition, which did not undergo the review of the Pneumoconiosis Review Board as stipulated in Article 91-7 of the Industrial Accident Compensation Insurance Act and the Defendant’s Medical Treatment Business Regulations, or the deliberation of the Industrial Accident Compensation Insurance Act as stipulated in

After receiving diagnosis of pneumoconiosis 2/2 from around August 1986, the Plaintiff aggravated the pneumoconiosis from 2/3 around the time of death, due to pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary disease. At the time of death, there is a suspicion of pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmon

It shall be as shown in the attached Form of the relevant statutes.

In fact, the deceased's pneumoconiosis type, the time of diagnosis of cardiopulmonary function, and the time of diagnosis of diagnosis of pneumoconiosis type, the disability grade 2/2 of the D Hospital on August 6, 1986 - the injury grade 11 of the deceased on January 14, 200 to January 19, 2002.

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