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(영문) 서울행정법원 2016.06.29 2015구합70096
유족급여및장의비부지급처분취소
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. On May 207, the Plaintiff’s husband’s husband (CB, hereinafter “the deceased”) was a person who had been engaged in dusty work at the Talan Mining Center, and was approved as a result of the precise diagnosis of pneumoconiosis (mal disease type: 1/0 type, malination type, and malination type): died on May 11, 2014 while the Plaintiff was under medical care at the East Dissolution Reina Hospital and the Gangseoansansan Hospital, and the direct death on the death report is a pulmonary blood transfusion and acute respiratory disorder.

B. The Plaintiff claimed bereaved family benefits and funeral expenses to the Defendant on the ground that the deceased died of pneumoconiosis and its combination, and thus constitutes occupational accidents. However, the Defendant decided on September 12, 2014 the amount of bereaved family benefits and funeral funeral expenses to the Plaintiff on the ground that it is difficult to recognize the proximate causal relation between the deceased’s death and pneumoconiosis, based on the advisory doctor’s medical opinion that “the deceased’s death is determined as having been caused by pulmonary blood transfusion after treating the blood relative closure by the same sule, which is an existing blood disease.”

(hereinafter “instant disposition”). C.

The Plaintiff dissatisfied with the instant disposition and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the Plaintiff’s request for reexamination on May 7, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 7, the purport of the whole pleadings

2. The Plaintiff’s assertion that the deceased died due to the aggravation of the function of the deceased as a result of the pneumoconiosis and the process of breaking the merged witness. As such, the death of the deceased constitutes an occupational accident in which there is a proximate causal relation with the pneumoconiosis.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) of the relevant legal doctrine is an employee’s injury, disease, disability, or occupational accident.

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