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(영문) 서울행정법원 2018.11.30 2017구합83225
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. As a result of the precise diagnosis of pneumoconiosis conducted from April 2, 1990 to April 7, 1990, the deceased B (hereinafter “the deceased”) was judged to be in Grade 11 of the disability grade by the Defendant, as the result of the precise diagnosis of pneumoconiosis conducted from April 2, 1990 and from April 7, 199.

B. On January 2, 2017, the Deceased died during hospitalization at the E Hospital, and the Plaintiff, the deceased’s spouse, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant.

On August 4, 2017, the Defendant issued a disposition of bereaved family's benefits and funeral expenses on the ground that "the proximate causal relationship between the deceased's death and pneumoconiosis cannot be acknowledged according to the F Research Institute's response to advice, etc."

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 3, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s pneumoconiosis symptoms were in a state of severe symptoms, unlike the F Research Institute’s advisory response, the Deceased died due to pulmonary death, and the cause of the outbreak of severe pneumoconiosis, etc., the instant disposition that deemed that the deceased’s death does not constitute an occupational accident is unlawful despite the existence of proximate causal relation between the pneumoconiosis symptoms and the relevant merger certificate and the deceased’s death, although the causal relation exists between the pneumoconiosis and the death of the deceased.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. The facts of recognition 1) As a result of the precise diagnosis of pneumoconiosis against the deceased, the causes of death of the deceased, prepared by the deceased’s doctor, after the diagnosis of the deceased’s death and the diagnosis of the deceased’s death and the diagnosis of the death and diagnosis of the deceased’s death, prepared by the doctor of the E hospital, as follows: (a) 3/2/2 f0 11/9 of February 3/7, 1990; (b) 11/3/2 9 of July 16, 192; and (c) 3/2/2/3/42 of December 15, 197.

(A) The cause of death (A) - the cause of pneumoconiosis (c) - (d) - (c) - at the time of the instant disposition, the deceased’s response to the F Research Institute’s consultation made by the F Research Institute from 10 months before the death (p) , and three months after the death.

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