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(영문) 대구지방법원 2017.02.10 2014구단11699
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. The Plaintiff’s husband’s husband B (C students, hereinafter “the deceased”) worked in the D Mining Center, etc. as coal mine.

B. The Deceased died on July 12, 2014, when receiving hospitalized treatment at the E hospital due to pneumoconiosis. The death diagnosis report contains the following: (a) the death diagnosis report: (b) the death diagnosis report includes “multi-power”; and (c) the “decristion” is written due to a direct private person’s cause; and (d) other physical conditions unrelated to the cause of the death.

C. On July 29, 2014, the Plaintiff claimed for the payment of bereaved family benefits and funeral expenses to the Defendant on the ground that the deceased’s death constitutes occupational accidents. However, the Defendant rendered the instant disposition that the deceased did not pay bereaved family benefits and funeral expenses to the Plaintiff on September 29, 2014, while “the causal relationship between the deceased’s death and pneumoconiosis is not recognized.”

【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 1, 2, and 9, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is deemed to have died due to the outbreak and aggravation of pneumoconiosis symptoms and the pulmonary tuberculosis by its combined witnesses, and the degradation of immunity due to treatment for six years. As such, there is a proximate causal relation between the death of the deceased and the pneumoconiosis, which is an occupational disease, and its combination.

B. (1) The Deceased, such as diagnosis of pneumoconiosis for the Deceased, etc., from June 27, 2005

7. Category I (1/0) and cardiopulmonary function in the precise diagnosis of pneumoconiosis conducted by an E hospital until December 2: A grade I (1/0) was determined as class I (1/0) and grade C (12) of disability grade was determined as class F0.

From May 6, 2008

5. Type C as a result of the precise diagnosis of pneumoconiosis at the above hospital by September: The type 1 (1/1) and the complication: tba (bautic tuberculosis) were judged, and were hospitalized in the above hospital and received medical care as a outpatient from July 10, 2008 until the death.

(2) Medical opinions (A) Direct death (E hospital): Multi-Powery, the cause of a private person: Mazy, and other physical conditions unrelated to the cause of death: A decision on the medical treatment of pneumoconiosis (B) is based on tuberculosis.

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