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(영문) 서울행정법원 2018.05.03 2014구합57805
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on January 29, 2013 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband B (hereinafter “the deceased”) worked as the front father from December 1, 1974 to June 30, 1990 in the private mining center where the Plaintiff mobilized to the North Korean mining center.

B. On October 198, 198, the Deceased was diagnosed with pneumoconiosis first, and in 2006, the Deceased was diagnosed with pneumoconiosis-type 1/1, and Mabbbbba (tbba). The Deceased was determined to approve the medical care by the Defendant.

After that, on May 26, 2012, the Deceased died at the Gowing Hospital while he was receiving medical care at C Hospital, D Hospital, E Hospital, and the Posium Posium hospital (hereinafter “Hasium hospital”).

C. Accordingly, the Plaintiff asserted that “the deceased’s death was caused by pneumoconiosis and its complication and constitutes an occupational accident” and filed a claim with the Defendant for the payment of survivors’ benefits and funeral expenses.

However, on January 29, 2013, the defendant issued a disposition of bereaved family's benefits and funeral expenses for the following reasons:

(hereinafter referred to as “instant disposition.” The direct physician on the death certificate of the original cycle hospital, which was treated at the time of the death of the deceased, was diagnosed as “patch shock”, “pulmonary shock”, and “hatching”, and the preceding physician, as the former physician, is a disease for which there is no medical proximate causal link with the pneumoconiosis and active pulmonary tuberculosis, which are the disease approved by the deceased.

As a result of the diagnosis of pneumoconiosis of the Deceased since 2002, the pneumoconiosis type was determined as one type, and there was no change in the type of pneumoconiosis for a considerable period. Since 2006, the change in the type of pneumoconiosis cannot be confirmed due to the lack of precise diagnosis conducted after 2006.

According to the survey of the president of the original hospital, the direct relationship between the “bener’s child-care certificate” and the pneumoconiosis is not yet specified. According to the evaluation of the business relationship of the Onlon University Seoul Escar Hospital, the acute aggravation of the “bener’s child-care certificate” is deemed to have had a direct impact on the death of the deceased.

There are medical opinions of advisory doctors.

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