logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2014.05.23 2013구합5029
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On June 22, 1990, D (E) who is the father of the plaintiffs was employed in the F Mining Center, and was diagnosed on April 20, 1994, after retirement from the above mining center.

B. On February 15, 2010, D died of “prising down of acute death,” i.e., a direct death, cardiopulmonary pulmonary dynasty, which is an intermediate preemptive event, brain stroke, cardiopulmonary stroke, and pneumoconiosis.”

C. On May 14, 2010, Plaintiff A claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on July 21, 2010, the Defendant rendered a disposition of survivors’ benefits and funeral funeral site pay on the ground that there is no proximate causal link between the death of the deceased D (hereinafter “the deceased”) and the pneumoconiosis symptoms.

The Plaintiffs filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant again, but the Defendant rendered a disposition on November 21, 2012 on the ground that “the deceased cannot be deemed as having died of pneumoconiosis or pneumoconiosis merger, etc.” (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including each number, hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering that the Plaintiff’s assertion was a complicated pneumoconiosis patient of pneumoconiosis type 4A, pneumoconiosis symptoms have a profound impact on the outbreak and aggravation of the lungs, the complicated pneumoconiosis symptoms and the degree of lungs are presumed to have rapidly aggravated high blood pressure and acute cardiopulmonary bonds that had worked or had worked as the cause or incentive of the outbreak of acute cardiopulmonary diseases, and the fact that the cerebrscencies and acute cardiopulmonary bonds that have been severely aggravated rapidly above the natural progress, a proximate causal relation between the death and pneumoconiosis symptoms of the deceased should be recognized.

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

C. In fact, the Deceased was diagnosed with pneumoconiosis from 1994 to 2009, and the result is as follows.

2. The date of diagnosis;

arrow