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(영문) 서울행정법원 2018.11.09 2017구합50232
유족급여및장의비부지급처분취소
Text

1. The Defendant’s revocation of a disposition to pay survivors’ benefits and funeral expenses to the Plaintiff on June 30, 2016

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. As a result of the precise diagnosis of pneumoconiosis conducted from October 11, 1993 to October 18 of the same month, the deceased B (hereinafter “the deceased”) worked as a mining source D, the Defendant was determined as class 11 of the disability grade from the Defendant. As a result of the precise diagnosis of pneumoconiosis conducted from May 21, 2012 to May 25, 201, the Defendant was determined as the medical care for the pneumoconiosis type 4B, 61 (hence), and 4B, 4B, and 4B, and 35, respectively, as a result of the precise diagnosis of pneumoconiosis level conducted from May 21, 2012.

B. On August 7, 2015, the Deceased died during the period of hospitalization pursuant to the above medical care decision at the Korea Workers’ Compensation & Welfare Hospital, and the Plaintiff, a child of the Deceased, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant.

On June 30, 2016, the Defendant: (a) died of the waste collection accompanied by chest crypting three weeks prior to the deceased’s death; (b) died of the deceased after the crypting crypt treatment; (c) there was no low pulmonary recovery function that may affect the occurrence and progress of the death at the time of the death; and (d) there was no ples for the reason of medical care at the time of the death; (b) thus, the deceased is deemed to have died due to the pulmonary convergence that occurred regardless of the pneumoconiosis; and accordingly, (c) rendered a disposition of the bereaved family’s benefits and funeral allowance in accordance with

(hereinafter “instant disposition”). C.

Although the Plaintiff filed a request for an examination against the above disposition, the Defendant is found to have not been the result of aggravation of the pneumoconiosis type and cardiopulmonary function at the time of the deceased’s death, and there was no scarcity, which is the reason for medical care, on October 6, 2016. On the other hand, from May 2006, the deceased was under surveillance and tracking observation after being diagnosed with Albinson Maz’s disease from around nine years and three months before his death, and considering the age of 81 years at the time of his death, the deceased’s private person is determined to have physical vulnerability, such as an individual’s low-income disease and old age, rather than by the pneumoconiosis certificate or its merger certificate.

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