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(영문) 서울행정법원 2017.11.16 2017구합51785
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on November 7, 2016 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband’s husband’s deceased B (hereinafter “the deceased”) is a person who had worked as a mining source in the new industry development (contribute) from October 1, 1984 to September 1, 1990.

B. From May 25, 2009 to May 28, 2009, the Deceased was diagnosed as “mick type of pneumoconiosis: 1 type (1/2); ef (plepathy), tbb (non- active tuberculosis), and f1/2 (Minor disability)” and was recognized as being eligible for medical care benefits under the Industrial Accident Compensation Insurance Act by the Defendant.

As a result, the Deceased has been hospitalized in C Hospital, D Hospital, Masan Hospital, and Chungcheongnam National University Hospital, etc., and received the above medical care benefits.

C. The Deceased was in the state of pulmonary and beer care at the time of arrival of 119 first aid teams around 18:32, as her respiratory distress has deteriorated while in her house on December 25, 2014. However, around 18:50, the Deceased was in the state of not being pulmonary and beer care.

The 119 first aid team carried out cardiopulmonary resuscitation, transferred it to the emergency room of Bolian Hospital, and continued cardiopulmonary resuscitation in the above emergency room, but the deceased died without recovery.

In the body autopsy report against the deceased, “the presumption of December 25, 2014,” the body autopsy report on the deceased is written as follows: “The house” in the column of the place of death, “the direct death: the color certificate, and “the cause of the death” in the column of the cause of the death: the pulmonary tymosis and the pulmonary tymosis; the cause of the pulmonary tymosis; the cause of the pulmonary tymosis; the cause of the pulmonary tymosis; the pneumoconiosis; the cause of the pulmonary tymosis; and the type of death.”

The Plaintiff alleged that the deceased’s death constitutes occupational accidents caused by pneumoconiosis, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant on March 10, 2015. However, the Defendant is determined to have died of the deceased’s “the deceased’s death” due to pulmonary Elimination regardless of pneumoconiosis. Therefore, it is difficult to recognize the death due to pneumoconiosis and a combination thereof.

“The bereaved Family Benefits and Family Benefits, according to medical opinions, on February 12, 2016, shall be the bereaved Family Benefits and Family Benefits.

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