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(영문) 서울행정법원 2018.08.22 2018구합52914
진폐유족연금및장의비부지급처분취소
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 Plaintiff’s husband’s husband B (CB, hereinafter “the deceased”) worked for the Samjan Development Co., Ltd., Ltd. and engaged in dusty work from around 1978 to May 6, 191.

B. The Deceased received a precise diagnosis of pneumoconiosis at Defendant D Hospital, medical corporation’s private organ, etc., and the result of the precise diagnosis of pneumoconiosis on the Deceased is as follows.

As a result of the determination of cardiopulmonary function of pneumoconiosis types, the final disability grade of July 8, 1996 through July 1, 1996, 1/1F0 ( normal) on July 13, 1996, and class 11 disability of class 11, 203 from January 20, 2003 to January 1/25, 2003, class 11, class 9, class 11, class 9, class 1, 1/1, F1/2 (Minor disability) on April 24, 2006 to April 1/28, 2006, and class 11, class 9, class 9, class 1/1, F1/2 (U.S. disability) on July 7, 2008 to class 1, 11, 201, class 6/1, 21, 130/61, 14, 201.

C. On April 26, 2017, the Deceased died, and the death diagnosis report on the Deceased is written by his/her direct producer, and the pre-explosion is written by his/her patisor, and is written with pneumoconiosis as other physical conditions unrelated to the cause of death.

On July 18, 2017, the Plaintiff filed a claim for the payment of survivor pension and funeral expenses with the Defendant. However, on January 3, 2018, the Defendant: (a) was determined to have died regardless of pneumoconiosis due to the aggravation of the waste recovery confirmed by two weeks prior to the death of the deceased; (b) the non-human cancer diagnosed by the organizational prosecutor seven and five months prior to the death was completely discharged until the death of the deceased; and (c) taking full account of the chest radiation image and the clinical progress taken by three weeks prior to the death of the deceased at the time of death from the end-of-the-life examination conducted two and ten months prior to the death, and the clinical progress taken by three weeks prior to the death of the deceased; and (d) the death of the deceased regardless of pneumoconiosis due to the aggravation of the waste recovery function at the time of death without a decrease in the degree of influence on the occurrence and progress of the death; and (c) on the ground that there is no direct proximate causal relation between the death and pneumoconiosis symptoms and the merger thereof.

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