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(영문) 서울행정법원 2017.09.01 2015구합62835
유족급여및장의비부지급처분취소
Text

1. On February 27, 2015, the Defendant revoked the disposition of bereaved family benefits and funeral site pay to the Plaintiff on February 27, 2015.

2...

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) worked as a mining unit in C Company D D Mining Center, etc., and was approved of the medical care as pneumoconiosis at the close examination conducted on September 1, 1986 after retirement from the Korea Workers’ Compensation and Welfare Service on June 23, 2014 while receiving the medical care at the Korea Workers’ Compensation and Welfare Service East Sea Hospital.

B. On February 27, 2015, the Plaintiff, the deceased’s spouse, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant, but the Defendant rendered a decision on the site payment on the ground that the deceased’s death due to cryposis regardless of pneumoconiosis cannot be deemed as having died due to pneumoconiosis or pneumoconiosis merger.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] / [In the absence of dispute, Gap evidence Nos. 1 and 2 (including each number)

2. The summary of the Plaintiff’s assertion on the legitimacy of the instant disposition was that the Deceased suffered pneumoconiosis and pneumoconiosis confluence, or disease due to a long-term optical part’s life, and that caused the death of the Deceased due to the pulmonary resuscitation caused by the pulmonary part’s death as a result of a sudden aggravation of the pulmonary part’s death or a sudden aggravation of the pulmonary part beyond the natural progress, and thus, the disposition denying this is unlawful.

It is as shown in the attached Form of the relevant statutes.

Facts of recognition

From November 21, 1988 to November 26, 1988, the deceased, such as pneumoconiosis type, complication, and cardiopulmonary function of the deceased, had undergone a precise diagnosis of pneumoconiosis in the East Sea Hospital of the Korea Industrial Accident Medical Center, which was approved as 2/1 in case of type C, merger certificate, tba in case of tba ( Activity-pulmonary tuberculosis), and disability grade as 11 in case of class.

According to the film and image reading results with respect to the deceased from August 14, 2008 to June 22, 2014 at the East Sea Hospital of the Korea Workers' Compensation and Welfare Service, in a case where the total of the face diameters is less than 5cc, the total of the face diameters is less than 4A 1 to 5cc, and in a case of multiple types, the total of the face diameters is less than 3/2, and the total of the face diameters is less than 3/2, in a case of noise, and the total of the face size is more than 1.5m to 3m.

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