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(영문) 서울행정법원 2017.12.15 2016구합68045
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. The net B (Cre, hereinafter referred to as “the net”) served in the form of a mine in the Dobong-gu Mining Center by the time of 1993.

In 203 and 2009, the Deceased was judged as Grade 13 of the disability grade as a result of the precise diagnosis of pneumoconiosis conducted at the Mad Economic Day Hospital in 2003 and 2009 (see attached Table 11-2 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act). On April 2010, as a result of the precise diagnosis conducted at the same hospital, the Deceased was subject to the 7th grade of the disability grade as pneumoconiosis type 1/1 and cardiopulmonary function F1 (Gyeongdo disability) as a result of the precise diagnosis conducted at the same hospital. On October 4, 2015.

B. The Plaintiff, the deceased’s spouse, claimed bereaved family benefits and funeral expenses to the Defendant.

However, on April 6, 2016, the Defendant rendered a disposition on the payment of bereaved family benefits and funeral expenses against the Plaintiff on the ground that “the deceased died of a pulmonary pulmonary pule caused by the pulule’s pule, which is not related to pneumoconiosis, to the end of the death.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] without dispute, Gap’s 1 through 5, 8 (including Serial number), Eul’s evidence 2, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. On April 2010, the Plaintiff’s assertion that there was a chronic pulmonary pulmonary disease in the middle of the pneumoconiosis diagnosis conducted by the Plaintiff, and even thereafter, the pulmonary function has continuously deteriorated.

A patient suffering from pneumoconiosis has a characteristic of high possibility of smoking due to a chronic closed-pulmonary disease where the disease is accompanied by a chronic pulmonary disease that is vulnerable to infection, such as pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary disease.

On the other hand, the heart disease, which is the existing disease of the deceased, influenced the death of the deceased independently from the pneumoconiosis symptoms.

Rather thanks to the pneumoconiosis, the death is textile due to pneumoconiosis and the death of the blood relative has been destroyed, so the heart has a high pressure on the lung.

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