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(영문) 서울행정법원 2016.10.06 2015구합57710
진폐유족연금 및 장의비 부지급 처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The details and details B (her husband of the deceased) worked as a mining field blasting hole in a mining-related establishment for about 30 years. On September 1992, the result of the precise diagnosis of pneumoconiosis conducted a judgment of class 11 of the disability grade as a result of the precise diagnosis of pneumoconiosis around 1992. On February 2, 2004, the result of the precise diagnosis of pneumoconiosis conducted a medical care under the medical care decision of “mal-type 2/1, complication (definite type), tbin tuberculosis, and cardiopulmonary function F0 (normal).”

B On September 18, 2013, around 14:41, a private person died.

(hereinafter “B.” On October 8, 2013, the Plaintiff filed a claim for survivor pension and funeral expenses with the Defendant, and the Defendant rendered a decision on April 1, 2014, on the ground that “the minor closed ventilation disorder (F1/2) which was confirmed before the death of 11 months has not deteriorated to the degree of impact on the concentration of waste, whereas it is determined that regardless of pneumoconiosis, it would have died due to the recurrence and aggravation of food cancer which was confirmed before the death of 7 months prior to the death.”

(hereinafter referred to as “instant disposition”). [In the absence of dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the argument of the plaintiff as a whole, the deceased did not at all smoke and drinking, and worked as a blasting hole at the mine site for 30 years. Accordingly, the pneumoconiosis symptoms after being rated at class 11 of the pneumoconiosis disability grade around September 1992 and around 2004, around 2004 caused a large number of dusts in the end of the pulmonary process, and the breath and low resistance are difficult to completely reduce the physical strength and low resistance by stimulating the immunity system.

Along with the expansion of the area accompanied by the medical care, the medical care was provided for 20 years.

Considering the above circumstances, the removal of the deceased’s pneumoconiosis has aggravated beyond the natural transitional speed, thereby making the deceased’s death.

In addition, even if the deceased's death is food cancer, it is long-term medical care due to pneumoconiosis.

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