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(영문) 서울행정법원 2018.09.21 2018구합53757
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 deceased B (hereinafter “the deceased”) worked as a mining source in Ctan, and as a result of the precise diagnosis of pneumoconiosis conducted from June 29, 2009 to July 3, 2009, the Defendant was judged as class 11 of the disability grade from the Defendant.

B. On February 8, 2016, the Deceased died, and the Plaintiff, the spouse of the Deceased, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant.

On May 31, 2016, the Defendant rendered a disposition of providing bereaved family benefits and funeral site-based subsidization in accordance with the Defendant’s advisory opinion, etc.

(hereinafter referred to as the “existing Disposition”). C.

On December 1, 2016, the Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant again, but the Defendant rendered a disposition on December 27, 2016, 2016 on the ground that “The direct death is likely to have a high probability of being caused by cardio-defluence, and thus, the relationship between pneumoconiosis and death is low between pneumoconiosis and the death,” in accordance with the agreement of the Defendant advisory doctor, etc., on the ground that there is no proximate causal relation between pneumoconiosis and its merger and the death.”

(hereinafter “instant disposition”) D.

The Plaintiff appealed against the instant disposition and filed a request for examination, but the Defendant dismissed the request for examination on June 29, 2017, following an examination by the Industrial Accident Compensation Insurance Examination Committee.

The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee also rejected the request for reexamination on October 20, 2017.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that there was a difficult respiratory disorder caused by pneumoconiosis, and the pulmonary disease occurred, and as a result, the Deceased suffered a high blood pressure with extreme stress, and the high blood pressure was the key part of the heart color.

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