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(영문) 서울행정법원 2015.11.06 2014구합3884
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. B, from September 1, 1966 to January 1, 1969, was engaged in dusty work at C Mining Center, and as a result of the precise diagnosis of pneumoconiosis conducted from April 28, 1997 to May 3, 1997, was determined as pneumoconiosis type 1 (1/1) and active pulmonary tuberculosis (hereinafter “the instant injury disease”) and received medical care at the Taesan Masan Hospital.

B. On November 14, 2012, B, while receiving continuous medical care at the above hospital, included the following factors: (a) “Direct death: Multisty long-term system; (b) sexual respiratory disorder; (c) sexual respiratory disorder; (d) sexual respiratory disorder; and (e) death of an event,” and (e) death (hereinafter “the instant death”).

C. On March 27, 2013, the Defendant, as a child of B (hereinafter “the deceased”), cannot be deemed to have caused the death of the deceased based on the result of the deliberation by the Institute of Vocational Apulmonary Disease (hereinafter “the Deceased”) and the certificate of the merger thereof. The Defendant rendered a disposition of survivors’ benefits and funeral expenses on the ground of “the bereaved family’s benefits and funeral expenses.”

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for review through a request for review, but was dismissed on December 2, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 6, 7, Eul evidence 2, the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the physical strength was deteriorated due to pneumoconiosis, which is an occupational disease, and the low resistance and immunity was reduced.

In such a situation, it is the death caused by occupational accidents, since the aggravation of the waste collection caused by the invasion and the future, and the death of this case occurred due to the aggravation of waste collection.

B. Article 91-10 of the Industrial Accident Compensation Insurance Act provides that “If a worker who is or was engaged in dusty work dies of pneumoconiosis, complication thereof, or other causes related to pneumoconiosis, it shall be deemed as occupational accident.”

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