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(영문) 서울행정법원 2018.04.26 2016구합76855
유족급여및장의비부지급처분취소
Text

1. On July 6, 2016, the Defendant’s disposition of bereaved family benefits and funeral site pay to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The deceased B (Cre, hereinafter “the deceased”) worked as a mining source in D.

B. On November 2002, the Deceased was determined as the pneumoconiosis type “1 type (1/0)” and the merger certificate “virative tuberculosis accompanied by pneumoconiosis.” From November 2002 to December 31, 2015, the Deceased died as the “Sasan Hospital’s direct death,” the middle line event (hereinafter “Sasan Hospital”), as the “Sasan Hospital’s direct death,” “waste high blood pressure, pulmonary heart, pulmonary heart, pulmonary tyption, and balption,” which is the first preemptive event, during the period of approximately 13 years.

C. On February 17, 2016, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes occupational accidents caused by pneumoconiosis and its merger. However, on July 6, 2016, the Defendant rendered a decision on site pay on the ground that “as a result of the advice on the occupational disease research institute, the deceased died in the process of the primary cancer that was transferred between pneumoconiosis and the deceased’s death regardless of pneumoconiosis, a proximate causal relation between pneumoconiosis and the deceased’s death is not recognized.”

hereinafter referred to as "disposition of this case"

(i) [The facts without dispute over the basis of recognition, entry in Gap evidence 1, 3 and 4, and the purport of the whole pleadings.]

2. Details of the instant disposition

A. The Plaintiff’s assertion that the disease was caused by chronic pulmonary pulmonary disease due to pneumoconiosis symptoms, pulmonary tuberculosis, and pulmonary pulmonary pulmonary disease.

Even if the main cause of death of the deceased was discovered immediately before the death, in light of the fact that the early diagnosis and treatment period of livering, etc. were set due to the overall decline caused by the pneumoconiosis and chronic pulmonary pulmonary disease, etc., and the treatment period was not actively performed, the disease with pneumoconiosis aggravated beyond the natural progress, thereby adversely affecting the possibility of the deceased’s survival and survival period. Therefore, the deceased’s death and pneumoconiosis symptoms have been significantly affected.

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