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(영문) 서울행정법원 2017.03.09 2015구합80239
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Circumstances and details of the disposition;

A. The network B (hereinafter “the network”) worked as a mining source at the Taman Mining Center from September 8, 1975 to October 1, 1985.

B. The Deceased received a total of six pneumoconiosis diagnosis from January 13, 2006 to October 15, 2012, and both were determined as Grade 11 with pneumoconiosis type 4A.

C. On September 3, 2014, the Deceased died with a parosis as a result of the pulmonary waste. D.

On November 13, 2014, the Plaintiff, a wife of the Deceased, asserted that the death of the Deceased constituted occupational accidents and claimed the Defendant to pay bereaved family benefits and funeral expenses.

Accordingly, on February 10, 2015, the Defendant rendered a disposition of survivors’ benefits and funeral site-based non-payment (hereinafter “instant disposition”) against the Plaintiff on the ground that “the deceased was judged to have suffered a disability due to pneumoconiosis but it is determined that the cause of death is not a pneumoconiosis and its merger.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including branch numbers, hereinafter the same shall apply), Eul evidence 2 to 4, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion has deteriorated the function of the deceased due to pneumoconiosis as an occupational accident, as well as the type of breaking of its merged witnesses, and as a result, it is the main cause of the occurrence and aggravation of the waste concentration among the causes of death of the deceased.

In addition, the telecommunication decline pointed out by the Defendant as the cause of the death of the deceased, the long-term life of the deceased is also caused by pneumoconiosis and its combination.

Therefore, since there is a proximate causal relationship between the deceased’s death and his occupational accident, the instant disposition is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act was caused by an employee’s performance of duties.

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