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(영문) 춘천지방법원 2018.10.16 2016구합51328
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

For about nine years and eight months from August 7, 1978 to April 1, 198, the deceased B (hereinafter referred to as the "the deceased") worked as the WOG in the TOG in the TOG for about nine years and eight months, and worked as the WOG for about 11 months from January 1, 198 to December 22, 198.

The results of the precise diagnosis of the deceased are as follows:

As a result of the cardiopulmonary function of the pneumoconiosis-type complication during the precise diagnosis period on the date of the precise diagnosis, the Deceased died at the Gangseosan Hospital on July 3, 2015, and the written diagnosis of the Deceased’s death stated as “(A) death directly in the form of acute heart, (b) 1/2 of March 8, 2004 - 1/2 of March 13, 2004 - F0 (normal) 13 grade 12 of December 31, 207 through January 2, 2008; (c) 2/2 of January 2, 2008 through January 6, 2008.”

The Plaintiff, a wife of the Deceased, died from pneumoconiosis and a combination thereof, and thus constitutes occupational accidents, and claimed the Defendant for the payment of survivors’ benefits and funeral expenses.

On September 14, 2015, the Defendant rendered a decision on the payment of bereaved family benefits and funeral site expenses (hereinafter “instant disposition”) to the Plaintiff according to the Plaintiff’s opinion of advice.

The Plaintiff dissatisfied with the instant disposition and filed a request for reexamination, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the said request on May 25, 2016.

【In the absence of dispute on the ground of recognition, the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to Gap’s 1, 2, and 3 (including the number of branch numbers), Eul’s statements, and Eul’s overall purport of the pleading, and the purport of the entire pleading. As such, the Plaintiff’s allegation as to whether the disposition of this case is legitimate, died due to the pneumoconiosis and its merger incurred while engaging in a dusty work in the past directly, or the pulmonary death caused by contribution together with another low-term disease of the deceased.

Therefore, the instant disposition is unlawful.

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