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(영문) 서울행정법원 2019.02.19 2018구합55272
진폐유족급여및장의비부지급처분취소
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 (CB, hereinafter “the deceased”) who is the spouse of the Plaintiff is a person who has been engaged in dusty work in the field of luminous, FO ore Co., Ltd. as a mining source in DD Co., Ltd.

B. As a result of the precise diagnosis of pneumoconiosis that took effect from March 11, 1996 to March 16, 1996, the Deceased was determined as medical care for pneumoconiosis Type 4(4A) and cardiopulmonary function F2(ney disability).

C. On June 22, 2017, the Deceased died at Defendant G Hospital (hereinafter “instant hospital”) around 20:08.

A death diagnosis of the deceased is written as a direct death, COPD acute aggravation, and pneumoconiosis as a prior death, and is written as a liver cancer due to other physical conditions unrelated to a private person.

On August 17, 2017, the Plaintiff issued a claim for survivors’ benefits and funeral expenses to the Defendant on the ground that the deceased’s death constitutes an occupational accident, and the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses to the Plaintiff on the ground that “as a result of seeking medical advice from the Defendant’s advisory doctor on the reason of the deceased’s death, it is deemed that the cause of death and the pneumoconiosis symptoms, which are approved diseases, are low in relation thereto.”

(hereinafter “instant disposition”) e.

On January 4, 2018, the Plaintiff filed a request for review with the Defendant against the instant disposition, and the Defendant rejected the Plaintiff’s request for review on the ground that “the deceased’s death had no outcome of aggravation of pneumoconiosis and cardiopulmonary function at the time of death, while there was a high pressure, heart disease accompanied by the heart and liver cancer, and the low-income disease of liver cancer, and on May 4, 2017, the deceased’s private person is deemed to have been suffering from pneumoconiosis or a combination thereof, and thus, the deceased’s request for review was determined to be based on a personal low-income disease rather than on pneumoconiosis or a combination thereof.”

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was judged as having disability class 3 due to complicated pneumoconiosis symptoms, and the Deceased’s assertion.

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