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(영문) 서울행정법원 2014.10.23 2013구합50937
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 B (C life, hereinafter “the deceased”) worked as a mining father in D, etc.

B. As a result of a precise diagnosis of pneumoconiosis from February 10, 2003 to February 15, 2003, the Deceased died on March 13, 2012 while being diagnosed with pneumoconiosis type 4(4A) and with complications.

C. On May 14, 2012, the Plaintiff asserted that the deceased’s death was caused by pneumoconiosis, which is an occupational disease, and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on November 15, 2012, the Defendant rendered a decision to refuse payment on the ground that “the deceased’s death was an executive member who occurred regardless of pneumoconiosis, and thus cannot be deemed an occupational accident.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1, 2, and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the death of the deceased was caused by the pneumoconiosis, and thus, the death of the deceased has a proximate causal relation with the pneumoconiosis.

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

C. (1) The Deceased’s death was caused by pneumoconiosis on February 2003, and the Deceased was found to have been swornly hospitalized due to pneumoconiosis on and after January 13, 2012, and the meusea and the meconium therefrom were continued from February 13, 2012.

Therefore, on February 24, 2012, the deceased visited the Keungsasan Hospital in order to conduct the internal border of the upper minister, but the special opinion was not observed in addition to the food infection and the infection. On February 27, 2012, the deceased taken a computer log image (CT) on the uniforms, and the dives of the size of 5 m to 5 m to 5 m to the whole m to suggest the eromatic cancer was discovered.

On March 7, 2012, in order to undergo an additional inspection to find the original part of the echip cancer, the deceased tried to conduct an internal echip echip echip echip echip echip.

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