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(영문) 서울행정법원 2017.11.30 2016구합51849
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. The Plaintiff’s husband’s husband’s deceased B (CB, hereinafter “the deceased”) was diagnosed as the pneumoconiosis-type 4A in the precise diagnosis conducted from June 9, 2003 to April 14, 1984, with work as a mining source at the Taesung (Seoul) Corporation from April 19, 1964 to April 1, 1984.

B. On August 7, 2014, the Deceased died at the D Hospital. The death diagnosis report of the Deceased was directly written by the private person; the cause of the death directly by the private person is the pulmonary function before the death of the deceased; the cause of the biopulmonon; the cause of the biopulmonon; and the cause of the biopulmonon by the biopulmonon; and the cause of the expansion

C. The Plaintiff asserted that the deceased’s death was an occupational accident and claimed for the payment of bereaved family’s benefits and funeral expenses. However, on October 26, 2015, the Defendant died on the day of his/her death, and the deceased did not have any respiratory disease related to the pneumoconiosis, including the pulmonary radioactive image of the chest-ray taken on the day of his/her death without appeal to symptoms related to the respiratory disease before his/her death. However, in full view of various inspection results and clinical progress until his/her death, the Plaintiff issued a disposition to pay the bereaved family’s benefits and funeral expenses on the ground that the cause of the death was determined to have been killed as a senior officer due to electric liver infection on which the day of his/her death cannot be known.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s death of the Deceased constitutes occupational accidents, as it is caused by sudden aggravation of dysule diseases accompanied under the existing pneumoconiosis and cardiopulmonary function under the influence of cardiopulmonary disease.

B. The precise diagnosis period for the precise diagnosis of the facts of recognition is from June 9, 2003 to June 14, 2003 to June 4, 2003 to December 16, 2004 to December 4, 2004 to December 21, 2004 to December 21, 2004 (normally), from November 28, 2005 to December 4, 2005 to December 3, 2005 to December 4, 201/2 (Minor Disability).

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