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(영문) 서울남부지방법원 2018.07.04 2016가단251639
위자료
Text

1. Defendant F, G, and the Korea Workers’ Compensation and Welfare Service shall jointly do so with each of the Plaintiffs as to KRW 200,000,000, and it shall be from October 28, 2016.

Reasons

1. Facts of recognition;

A. A. Around May 197, the Plaintiff’s father He/she (hereinafter “the Deceased”) obtained medical care approval from the Defendant Workers’ Compensation and Welfare Service (hereinafter “Defendant Corporation”) due to pneumoconiosis symptoms and active pulmonary tuberculosis, and died on November 15, 2012, while receiving medical care approval from the said L Hospital affiliated with the said Corporation, the Plaintiff was transferred to Tolon University Seoul Women’s University.

B. The Plaintiffs asserted that the deceased’s death constitutes occupational accidents caused by pneumoconiosis, and claimed the payment of survivors’ benefits and funeral expenses to the Defendant Corporation on December 7, 2012.

(c) Defendant F, who was an employee of the rehabilitation compensation division of the Defendant M&D branch, requested a L Hospital to provide all data on the deceased’s medical records for the review of the claim for survivors’ benefits. Defendant G sent the original of the medical records to the M&D branch on December 13, 2012. According to the guidelines for the guidelines for the management of medical records, Defendant G sent the original of the medical records to the M&D branch on December 13, 2012. According to the guidelines for the management of medical records, the period for lending the medical records is not more than one week and is taken out to the outside. Defendant F, upon receipt of the original, requested advice on January 7, 2013, and the “In the case of L&D hospital, the original is the original of the medical

“The Medical Records were sent to the Institute of Occupational Apulmonary Diseases with an additional statement of opinion. D. Defendant Corporation died of the infection caused two weeks before the deceased’s death, resulting in the aggravation of the infection caused by a failure, and is not related to pneumoconiosis.

"The" has determined the amount of the bereaved family's benefits and funeral expenses according to the medical opinions of the Institute of Occupational Apulmonary Diseases.

The plaintiffs are dissatisfied with the request for examination against the defendant Corporation, but the dismissal was made. On November 2015, the plaintiffs filed a request for the payment of the second survivors' benefits, etc., but on the same ground, on November 25, 2015, they were subject to the site payment decision, and the revocation of the disposition of revocation of the payment of the bereaved families' benefits and funeral expenses against the defendant Corporation.

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