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(영문) 대구지방법원 2015.11.13 2014구단2381
유족급여등부지급처분취소
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. B (C) served as the coal mine for about 25 years from 1964 to 1990, and retired from the hospital. On October 29, 1982, as a result of the examination, the C (C) was diagnosed as a pneumoconiosis and was hospitalized due to the confirmation of pulmonary tuberculosis with pneumoconiosis.

B. B, as a result of the diagnosis on August 8, 1994, the diagnosis conducted on the 119th grade of disability with “malopic pulmonary tuberculosis (type 1/1, clopic pulmonary tuberculosis), ucopic pulmonary pulmonary function F1/2 (Insignificant obstacles),” and the diagnosis conducted on September 16, 1996, the diagnosis conducted on the 7th grade of disability with “mal lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lopic lops (

C. After that, as a result of the diagnosis on April 3, 2001, B was determined as the subject of the medical care in D Hospital from September 22, 2001, and died on or around 01:30 on January 1, 201, and the private person was directly in a death diagnosis report, and the middle-line event is deemed as “morum”.

On January 10, 2014, the Plaintiff, a deceased’s spouse B (hereinafter “the deceased”), filed a claim against the Defendant for survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes an occupational accident. However, on June 30, 2014, the Defendant issued a disposition not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that the deceased’s death fell under an occupational accident, and that there is no proximate causal relation between the deceased’s death and the disease caused by occupational disease.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 7, and 8, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was receiving medical care from around April 3, 2001 as an advanced disability of cardiopulmonary function. From around September 5, 2007, the Plaintiff’s assertion had aggravated the symptoms of pneumoconiosis and received artificial smoking treatment due to a difficulty in respiratory, and the toxicity of the medicine in the process of treating for a long period of pneumoconiosis.

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