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(영문) 서울행정법원 2018.11.26 2017구합79912
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. As a result of the precise diagnosis of pneumoconiosis conducted from January 5, 2004 to October 10 of the same month, the deceased B (hereinafter “the deceased”) had worked in the mine, and was judged at Grade 13 by the Defendant as a result of the precise diagnosis of pneumoconiosis level 1 (1/0). From April 25, 2005 to April 30 of the same month, the pneumoconiosis type 1 (1/1), as a result of the precise diagnosis of pneumoconiosis level conducted from April 25, 2005, as a result of the diagnosis of pneumoconiosis level 1 (1/1), and as a result of the diagnosis of pulmonary tuberculosis for a combined witness of pneumoconiosis symptoms, the Defendant was determined to receive medical care

B. On May 25, 2016, the Deceased died during the period of hospitalization pursuant to the foregoing medical care decision at E Hospital, and the Plaintiff, the deceased’s spouse, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant.

On June 30, 2017, the Defendant issued a disposition of bereaved family's benefits and funeral expenses on the ground that "the proximate causal relationship between the deceased's death and pneumoconiosis cannot be acknowledged according to the F Research Institute's response to advice, etc."

(hereinafter “Disposition in this case”). / [Ground of recognition] The fact that there is no dispute, Gap’s evidence Nos. 1, 2, 6, and 10, Eul’s evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) the Plaintiff’s alleged disease was caused to the deceased; (b) pneumoconiosis and the pulmonary function was considerably limited; and (c) the pulmonary function was considerably limited; and (d) the deceased was in a state of pulse and depression; (b) the deceased was caused to a state of pulse and depression; (c) the vegetative loss and pneumoconiosis were combined; (d) the deceased’s vegetative loss and pneumoconiosis were considerably reduced; (e) the vegetative loss of the deceased was deteriorated; and (e) the vegetative loss caused by the vegetical infection, etc. was aggravated; and (e) the death was caused by the vegetical shock; (b) there was a proximate causal link between the vegetical shock and the death of the deceased; (c)

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

(c)the precise diagnosis period of the recognition;

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