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(영문) 서울행정법원 2020.08.21 2018구합79476
장의비부지급처분취소
Text

1. On September 12, 2018, the Defendant’s disposition of site payment for funeral expenses to the Plaintiffs is revoked.

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

Reasons

1. Details of the disposition;

A. The net E (FF, hereinafter referred to as “the network”) worked as a mining source in G mining centers from July 22, 1974 to April 1, 1987.

On October 18, 2003, the Deceased was judged as Grade 11 of the disability grade based on pneumoconiosis type 2/1 and cardiopulmonary function F0 (Abnormal) due to pneumoconiosis symptoms.

B. The Deceased died on January 6, 2018.

The reason for the death of the deceased mentioned in the body autopsy report is the “debrising” of a private person, and the reason is the “debrising disease.”

C. On January 30, 2018, the Plaintiffs, as their children, asserted that the death of the Deceased constituted occupational accidents, and claimed the Defendant to pay the survivor pension and funeral expenses.

However, on April 27, 2018, the Defendant deemed that there is no proximate causal relation between the cause of death and the pneumoconiosis of the deceased, and rendered a disposition to determine the amount of bereaved family's benefits and funeral expenses.

In other words, the Plaintiffs filed a claim for funeral expenses to the Defendant on August 23, 2018, but the Defendant, on September 12, 2018, issued a disposition to determine funeral site pay to the Plaintiffs on the same ground as above.

(hereinafter “Disposition in this case”). [Grounds for recognition] A] The fact that there is no dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiffs’ assertion that the disease was caused by the aggravation of the pneumoconiosis and the chronic pulmonary disease caused by this, or that at least the pneumoconiosis was caused by the combination of other diseases, and thereby the concentration of the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

Therefore, the death of the deceased is an occupational accident.

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

C. The facts of recognition 1) 1/2 of August 28, 2000, 200 - F0, 2/18 October 18, 2003 - F0, 11, 29 November 29, 2004, 2/1ax F0 ( normal 11th grade) of the deceased's health condition diagnosis date.

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