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(영문) 서울행정법원 2019.01.18 2016구합80144
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered against A on August 12, 2016 on bereaved family benefits and funeral expenses shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The deceased D, a spouse of A (EE; hereinafter “the deceased”) worked in F from November 1, 1956 to October 31, 1970, and as a result of the precise diagnosis of pneumoconiosis conducted from August 1, 1951 to August 5 of the same month, the disability grade was determined 11.

B. On March 26, 2016, the Deceased died, and A claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on August 12, 2016, the Defendant rendered a decision on site payment on the ground that the death of the Deceased cannot be deemed to be the death caused by pneumoconiosis.

(hereinafter “instant disposition”). C.

A filed the instant lawsuit seeking the revocation of the instant disposition on November 10, 2016, but died on April 2, 2017 during the proceeding of the lawsuit, and the Plaintiffs succeeded to the rights and interests related to the insurance benefits as the deceased and their children.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs asserted that the deceased died due to the pneumoconiosis symptoms, which are occupational diseases, and the pulmonary convergence related thereto. Even if the deceased's previous diseases such as old age, high blood pressure, urine, and dementia, which are related to the disease of the deceased, were operated in combination and contributed to the occurrence and death of the deceased, there is a proximate causal relation between the death and pneumoconiosis symptoms of the deceased and their combinations.

Therefore, the instant disposition taken on a different premise should be revoked in an unlawful manner.

(b) as shown in the attached Form of the relevant statutes;

C. On July 3, 200, the result of the Determination of cardiopulmonary function of the medical examination date of the fact of recognition:

Above September 10, 2001,00 up to or up to September 10, 2001

9. 0/1 tbbb (non-obutic pulmonary tuberculosis) on March 3, 2003 to

3. 8. 1/0 Tbbbbbb 0 ( Normal) on September 20, 2004 or

9. From May 3, 2010 to May 3, 2010, 25.1/0 Tbbbi F0 (Abnormal) obstacles 13 to 13:

5.7.0/1 Twit F1 (Gyeongdo disability) on August 1, 2011 or

8.5.1.

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