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(영문) 서울행정법원 2019.01.25 2017구합80790
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. On August 19, 2015, the deceased B (Cre, hereinafter “the deceased”) worked as a luminous source in the Korea Coal Corporation, the Sungsung Mining Center, etc., and was diagnosed as chronic closed-pulmonary diseases by the KLA and filed an application for medical care benefits with the Defendant.

On November 2016, the Defendant recognized the chronic closed-pulmonary disease of the Deceased as an occupational accident, and determined the disability grade 11 when determining the medical care as an approved injury.

(B) The chronic closed disease of the deceased (hereinafter referred to as the “instant approved disease”). (b)

On the other hand, on May 20, 2016, before the medical care decision was rendered upon the application for the medical care benefits, the deceased died after being hospitalized in the D Hospital and being treated. The death diagnosis report of the deceased prepared by the doctor E of the said hospital is written as a direct death.

C. The Plaintiff, the deceased’s spouse, claimed for the payment of survivors’ benefits and funeral expenses to the Defendant.

On November 8, 2016, the Defendant rendered a disposition of the bereaved family’s benefits and funeral site pay in accordance with the Defendant’s advisory opinion, etc. that “the deceased’s private person is a diversity pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule pule p

(hereinafter “instant disposition”) D.

The Plaintiff appealed against the instant disposition and filed a request for examination, but the Defendant dismissed the request for examination on March 21, 2017, following an examination by the Industrial Accident Compensation Insurance Examination Committee.

The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee also rejected the request for reexamination on June 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is an approved injury and disease of this case, working in a mine for a long time.

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