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(영문) 서울행정법원 2013.07.18 2012구합10550
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. From July 1990 to April 192, 192, the net B (hereinafter “the net”) served as a carrier from the dong Mining Center’s operation. On December 23, 2010, the net B was killed on January 21, 201 while hospitalized in the Taesan Industrial Complex, etc., and was receiving treatment.

In the death diagnosis report, the direct death of the deceased is CO2 balcos, the middle line exerciseer is 'Madiopulmonon and progress, chronic repulmonary and multi-long-term functional failure,' and the preceding physician is 'mal disease and chronic organ infection.'

B. On February 1, 2011, the Plaintiff filed a claim with the Defendant for the payment of bereaved family benefits and funeral expenses by asserting that the death of the deceased was an occupational accident. However, on March 17, 2011, the Defendant rejected the payment on the ground that there was no medical proximate causal relation between the death and the work of the deceased, since the death of the deceased cannot be deemed as a cause of pneumoconiosis.

C. On February 14, 2012, the Plaintiff filed a claim with the Defendant for the payment of bereaved family benefits and funeral expenses by asserting that the death of the deceased constitutes occupational accidents. However, on February 15, 2012, the Defendant rendered a disposition rejecting the payment (hereinafter “instant disposition”).

[Reasons for Recognition] Each entry of Gap evidence 1 and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has continuously aggravated the pulmonary function due to pneumoconiosis. As such, the aggravation of the pulmonary function directly caused the death or caused the death, and thus, the death of the deceased constitutes an occupational accident.

Therefore, the defendant's disposition of this case, which was otherwise reported, is unlawful.

B. In fact, the Deceased’s pneumoconiosis was diagnosed more than three times in total, and the results of the diagnosis are as follows.

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