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(영문) 대구지방법원 2019.07.05 2018구단925
유족보상및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) worked at the Korea Coal Corporation Mining Center from May 14, 1970 to April 1, 1973, and was determined as a result of the precise diagnosis of pneumoconiosis after retirement, and died in C/C medical care institutions on September 11, 2016.

B. On January 11, 2017, the Plaintiff, the deceased’s spouse, claimed bereaved family benefits and funeral expenses on the ground that the deceased’s death constitutes occupational accidents. On March 28, 2017, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that the deceased’s death, who was engaged in dusty work in the past, falls under type 1 (1) type C (0) as a result of deliberation by the Pneumoconiosis Review Committee on Radiation Film at the time of death, but it is deemed that the cause of death and pneumoconiosis are low in relation to the symptoms.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s first medical certificate of death (direct death: acute pulmonary pulmonary pulmonary pulmonary, and cause of direct death: pulmonary and pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary) omitted

The Deceased was judged as having been suffering from pneumoconiosis several times after he/she had worked in the mine, and the symptoms of pneumoconiosis have deteriorated as a result of the examination of the D hospital's pulmonary disease conducted four months before the death (the euthanasia appears to be suffering from pneumoconiosis over both sides, and 1.4 cm in the euthanasia), and the occurrence and aggravation of the euthanasia caused by pneumoconiosis after the outbreak, and the euthanasia died in the acute euthanasia.

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