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(영문) 서울행정법원 2020.08.21 2018구합75856
유족급여및장의비부지급처분취소
Text

1. On May 29, 2018, the disposition that the Defendant rendered to the Plaintiffs on May 29, 2018 as bereaved family benefits and funeral site wages shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The net F (GGs; hereinafter “the network”) served as each mining source at the H Mining Center of the Korea Coal Corporation from June 26, 1969 to January 19, 1984, from September 19, 1987 to March 9, 1988.

On November 12, 2007, the Deceased was judged at Grade 7 of the disability grade under the type 1 (1/0) of pneumoconiosis-type and cardiopulmonary function F1 (HH) due to pneumoconiosis symptoms, and obtained the approval of the medical care on November 15, 2008 with a complication Ef (pleatitis).

B. The Deceased died on July 17, 2015.

The causes of death of the deceased mentioned in the death report shall be as follows:

(A) Pneumoconiosis which causes cardiopulmonary pulmonary suspension and heart suspension (b)(c) of a direct private person; and pneumoconiosis which causes cardiopulmonary pulmonary chron (c)(c) of (a);

C. On September 27, 2015, the Plaintiffs, the deceased’s children, asserted that the deceased’s death constituted occupational accidents, and claimed the Defendant to pay survivors’ benefits and funeral expenses.

However, on November 9, 2015, the Defendant deemed that there is no proximate causal relation between the cause of death and the pneumoconiosis of the deceased, and rendered a disposition to determine the amount of bereaved family's benefits and funeral expenses.

On May 14, 2018, the Plaintiffs re-request the Defendant to pay survivors' benefits and funeral expenses. However, on May 29, 2018, the Defendant rendered a disposition to determine survivors' benefits and funeral site wages to the Plaintiffs on the same ground as above.

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiffs’ assertion that the pneumoconiosis and the combination thereof have aggravated, and the cardiopulmonary dynamic has disappeared, and the death was caused by the cerebral chronism caused by the cardiopulmonary dynamics, so proximate causal link between the death and the pneumoconiosis of the deceased is recognized.

Therefore, the death of the deceased is an occupational accident.

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

C. 1) The deceased’s health condition is the precise diagnosis of the pneumoconiosis.

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