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(영문) 서울행정법원 2018.01.26 2016구합6597
유족급여및장의비부지급처분취소
Text

1. On June 24, 2016, the Defendant’s disposition of survivors’ benefits for pneumoconiosis and funeral expenses rendered to the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband B (C) worked as a mining source from December 1, 1964 to July 30, 1980.

B. On February 1, 2016, B died on February 14, 2016 while hospitalized in a literature-economic day hospital due to the difficulty of repulmonary treatment.

C. On February 22, 2016, the Plaintiff asserted that the deceased B (hereinafter “the deceased”) died due to pneumoconiosis symptoms and their complications, and claimed expenses for survivors’ benefits and funerals. However, the Defendant: (a) determined that “the deceased’s death is highly likely to have aggravated due to the debrison as the cardiopulmonary in the state of debris that is not related to pneumoconiosis,” based on the result of the Defendant’s consultation with the research institute for occupation-related diseases under the jurisdiction of the Defendant, the Defendant issued a disposition on June 24, 2016 at the site level of pneumoconiosis survivors’ benefits and funeral expenses (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 13-16, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful, the following facts or circumstances may be acknowledged or known in full view of the entries as to Gap’s evidence Nos. 11 through 13, 18, 19, Eul evidence Nos. 2 and 3, and the fact-finding results of the fact-finding with respect to the literature and economy hospital of the East Chuncheon Medical Foundation, and the purport of the entire arguments as to the Korean Medical Association.

According to this, it is reasonable to view that the deceased died due to a merger by pneumoconiosis rather than the death by the heart. As such, the deceased’s death constitutes occupational accident.

① From December 1, 1964 to July 30, 1980, the Deceased appears to have been exposed for a long period of time to a considerable amount of dust while working as a luminous source for about 15 years and 8 months.

② As a result of the close examination in 197, the Deceased was judged to have a first-class disability as “type 1/0 of pneumoconiosis type, and F0 of cardiopulmonary function,” but the disability grade is determined to be “type 4A of pneumoconiosis type and f0 (normal) of cardiopulmonary function” as a result of the close examination in around 2002.

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