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(영문) 서울행정법원 2021.01.08 2019구합67692
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of the deceased B (C life, hereinafter “the deceased”).

From October 1, 1976, to January 30, 1991, the Deceased served as the parts of W (State).

사망의 원인 ㈏, ㈐, ㈑에는 ㈎ 와 직접 의학적 인과 관계가 명확한 것만을 적습니다.

㈎ 직접 사인 급성 호흡 부전 발병부터 사망까지의 기간 1일 ㈏ ㈎ 의 원인 기도 흡인 ㈐ ㈏ 의 원인 ㈑ ㈐ 의 원인 ㈎부터 ㈑까지와 관계없는 그 밖의 신체 상황 진폐증

B. On March 10, 2017, the Deceased died at the E Hospital on March 10, 2017, while hospitalized due to pneumoconiosis, and the causes of death stated in the death certificate are as follows:

(c)

The Plaintiff asserted that the deceased’s death was caused by pneumoconiosis or a combination thereof, and applied for the payment of expenses of the pneumoconiosis survivors’ pension and funerals.

On August 29, 2018, the Defendant rendered a decision on site pay (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s death cannot be deemed as a pneumoconiosis or a combination thereof, depending on the F research institute’s deliberation opinion, on the ground that the Plaintiff’s death cannot be deemed as a result of pneumoconiosis or a combination thereof, on the ground that there was no opinion or symptoms suspected of having aggravated the chronic closed-pulmonary disease at the time of death, such as that the active signs were normal and difficult without being affected by the oxygen during six months from the death to the date of the death.

(d)

The Plaintiff filed a request for review against the instant disposition. However, on March 11, 2019, the president of the Labor Welfare Corporation died of the Deceased as a cause of death other than pneumoconiosis and its merger.

It is reasonable to view that the Plaintiff’s request for review was dismissed according to the result of deliberation by the Industrial Accident Compensation Insurance Review Committee.

Facts without dispute, Gap evidence 1 through 2, 5 through 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The death of the Deceased’s assertion is caused by pneumoconiosis.

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