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(영문) 서울행정법원 2018.09.20 2016구합75494
진폐유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. C (D) served as a luminous source in the E company E company from June 4, 1974 to October 1, 1978, and as a result of the precise diagnosis of pneumoconiosis, C (D) was judged as having disability grade 3 due to pneumoconiosis-type 1/2 on July 26, 2012, and cardiopulmonary function (F2) disability.

B. C was treated with high blood pressure, paralysis, dementia, etc. on March 22, 2016, and died in the Fvalescent Hospital around 8:33, 2016.

(hereinafter referred to as “the deceased”). The death diagnosis document prepared by the doctor of the above hospital is respectively written by the person directly responsible for death, the intermediate event’s “debrisonion,” and the preceding physician’s “mal injury symptoms, high blood pressure, and dementia.”

C. The Plaintiffs, as their offspring, claimed that the deceased’s death was an occupational accident, and claimed for the payment of survivor pension and funeral expenses to the Defendant. However, on June 28, 2016, the Defendant rendered a disposition of survivor pension and funeral expenses against the Plaintiffs on the ground that “the termination of the deceased’s death, which is the cause of the deceased’s death, due to old age, dementia, and paralysis, is caused by an intrusion, and thus no proximate causal relation exists between pneumoconiosis and the deceased’s death.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s 1 to 4, 6 evidence, Eul’s 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiffs’ assertion was that cardiopulmonary function became weak due to complicated pneumoconiosis since 2012, and that the Deceased suffers from chronic closed-pulmonary disease.

The pulmonary convergence, which is the cause of death of the deceased, was caused by complicated pneumoconiosis and its combination, and even if not, as a result, the pulmonary convergence was easily caused or rapidly aggravated, there is a proximate causal relationship between the death of the deceased and the pneumoconiosis caused by occupational accidents.

Therefore, the instant disposition made on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes.

C. 1) The Deceased’s health condition and treatment details were 81 years old at the time of his death.

. The Deceased.

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