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(영문) 서울행정법원 2019.11.21 2018구합80940
장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The deceased C (hereinafter “the deceased”) has been engaged in dusty work while working as the coal department from November 1, 1980 to September 1, 1982 with Embane as the final dust-generating workplace. Around March 2008, the deceased was diagnosed as pneumoconiosis Type 1 (1/0) and 16 of disability grade due to cardiopulmonary function (F0). Around February 2012, the deceased had the same result in the precise diagnosis (Evidence 5 through 7). The Plaintiffs asserted that the deceased was judged as Grade 11 of disability grade in the year 2016, but the Korea Workers’ Compensation and Welfare Service’s evidence proving this is not only a copy of the record of medical examination (Evidence 9, 175, 178, 191).

This evidence alone lacks to admit the plaintiffs' assertion, and there is no other evidence to acknowledge it.

B. On December 13, 2013, the details of health insurance benefit for the Deceased’s health insurance consisting of the following: (a) the luxation card on December 13, 2013; and (b) the luxio-cell cancer species on January 30, 2015, based on the luxal disease.

In addition, there is a serious description of high blood pressure and urology with the main disease as a main disease.

(A) Evidence of heading 8, B, and C.

On May 28, 2018, the Deceased died of 75 years of age at the Korea Labor Welfare Corporation (Korea Workers' Compensation & Welfare Service) Hospital, which was located in the Materna-ro 8, Taecheon-si.

A death diagnosis report prepared on the day of death is prepared as follows:

(A) Evidence 4. (B)(c)(D) shall include only those with a clear medical causal relationship with (a).

(A) The cause of direct death, and the cause of the liver cancer and pneumoconiosis(C)(C)(C)(A)(b)(A)(b)(b)(A)(A)(A)(A).

D. On July 6, 2018, the Plaintiffs, who are the deceased’s father, demanded the Defendant to pay funeral expenses, but the Defendant, on July 18, 2018, on the ground that “the cause of death and pneumoconiosis seems to be medically related,” on the grounds that “the cause of death and pneumoconiosis seems to be medically related,” the Defendant stated the purport of the claim for the funeral’s land payment decision, and hereinafter “the claim.”

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