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(영문) 서울행정법원 2017.09.29 2016구합80489
유족급여등부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. E (F) from February 1, 1947 to June 30, 1970, engaging in dusty work at the Dobong-gu Mining Complex Co., Ltd.

B. In the precise diagnosis of pneumoconiosis conducted in around 2001, E received the decision of medical care as “Type 2 (2/2) in the pneumoconiosis type,” and died on October 28, 2015, among medical corporations, the medical corporations, the medical care for which was provided medical care at the literature and economy hospital.

E에 대한 사망진단서(2015. 10. 28. 의료법인 문경제일병원 발행)에는 ‘사망의 원인 ㈎ 직접사인: 폐렴, ㈏ ㈎의 원인: 진폐증’이라 기재되어 있다.

C. The Plaintiffs are children of E.

On November 24, 2015, the Plaintiffs claimed the Defendant to pay bereaved family benefits and funeral expenses.

On June 13, 2016, the Defendant rendered a disposition of site pay on the grounds that the death of E to the Plaintiffs cannot be seen as pneumoconiosis and the death caused by its complication.

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap 1, 2, and 7 evidence, and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. Since the main point of the plaintiffs' assertion was the cause of pharmony, which is the direct cause of death of E, there is a proximate causal relation between pneumoconiosis symptoms and E.

B. The facts of recognition 1) E was FF engaged in dusty work for about 23 years and 4 months from February 1, 1947 to June 30, 1970. 2) The details of E’s precise diagnosis of pneumoconiosis are as follows:

[ table] 3 E From January 12, 2006 to October 14, 2015, the date of medical examination and treatment of the details of health insurance benefits and the names of the main soldiers are as follows.

Pneumoconiosis caused by dust containing hydrogen on January 12, 2006, 18, from February 18, 2006 to November 23, 2006, and other chronic pulmonary pulmonary diseases, from March 13, 2007 to April 11, 2007, Nowon-gu, Lee In-bok, Lee Dong-young, from July 13, 2007 to October 21, 201, i.e., damage of the head’s gymosis, acute chronitis, chronic dymosis, chronic dymitis, chronic dymitis, etc., from October 21, 201 to October 21, 201, i.e., the g., the g., g., g., the dymane pneumoconiosis from March 12, 2012 to September 4, 2015.

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