2018Nu6830 Revocation of Disposition of Disposition of Disposition of Payment of Survivors' Bereaved Family' Benefits and Funerals' Site Wages

A

Attorney Park Jong-young, Counsel for the defendant-appellant

Attorney Lee Jae-soo

Korea Labor Welfare Corporation

Seoul Administrative Court Decision 2017Guhap50348 decided September 14, 2018

November 13, 2020

December 18, 2020

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. On October 14, 2016, the Defendant’s disposition to pay pneumoconiosis survivors’ benefits and funeral expenses against the Plaintiff shall be revoked.

1. Quotation of the reasons for the judgment of the first instance;

This Court's reasons to be stated in this judgment are the same as the reasoning of the judgment of the court of first instance except for any addition or dismissal below. Thus, this Court shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 402 of the Civil Procedure Act.

○ The following shall be added between the 9th sentence of the first instance court and the 1st sentence (in the case of writing, excluding the 2nd sentence; hereinafter the same shall apply):

(d)K Association;

(A) The response of April 1, 2020

From 206 to 2015, the disease of the deceased does not seem to have a big difference. While the 1997 end-of-life function of the deceased in 197 is relatively good, it is likely that the deceased might grow later, it is not known that there is no result of the recent examination of the end-of-life function. While ○○ pneumoconiosis refers to the case where the size of the diameter of the pneumoconiosis is at least 2 cm, and is in relation to the death rate as the grade of the pneumoconiosis is high. However, it is difficult to view that the clinical aspect of the patients suffering from pneumoconiosis is different, and it is difficult to say that the disease itself causes or causes a acute respiratory part in itself. The situation accompanied by the pulmonary part of the pneumoconiosis is insufficient. The function of the pulmonary part is reduced compared to the normal one. However, it is difficult to say that such a causal relation is necessarily caused.

In light of the current state of the deceased, the accurate evaluation of ○-ray is difficult, as the result of the examination of pulmonary function of the deceased, and it is determined that it is not a severe disease in itself. The deceased appears to have died due to acute pulmonary disease rather than pneumoconiosis symptoms. The deceased showed acute creatin, urine is reduced, and pulmonary urines occur, but the degree of pulmonary urine is not severe. The pneumoconiosis is determined to be accompanied by the death of some patients. This is difficult to readily conclude that the pulmonary disease of the deceased might not occur due to pulmonary disease, such as pulmonary disease. However, it is difficult to conclude that the pulmonary urine is a combination of chronic pulmonary disease, which is likely to occur due to pulmonary disease, rather than pulmonary urine infection.

Not observed, and low-carbon symptoms were generated due to the aggravation of pulmonary organs and telegraph conditions.The causal relationship between ' pneumoconiosis for the death of the deceased - pulmonary shock-pulmonary shock-pulmonary shock-pulmonary pulmonary growth donation - death' is not consented. The deceased seems to have been dead due to the occurrence of a chronic renal renal failure, which caused the body fluid storage, telegraph type, high kyllium transfusion, and pulmonary dyetype. Comprehensively, the deceased appears to have not been significantly seen, and even if pulmonary dyetype was not or accompanied by the chronic renal failure. The deceased appears to have died due to the occurrence of acute dyeology as a patient who had been chronic renal from the past. It is difficult to confirm the symptoms and death. It is difficult to confirm the causal relationship between pneumoconiosis and death.

(B) The response of October 12, 2020

Since June 2013, the deceased is 3/3 of noise in the form of 3/3 of noise and 4B of large cryposis. Large cryposis is confirmed to be dynamic sulposis. This complicated pneumoconiosis is not good compared to simple pneumoconiosis, but in the case of the deceased, it is found that there was no chronic sulpulption to the extent that it is necessary to treat the cryption in the event of external pain as a result of verifying the record of the deceased's medical obligation.The deceased is both voice in the crypology test, and the cryposis is not confirmed in the video CD. However, the cryposis was confirmed in the cryposis. - The progress of the cryposis that was confirmed by the chest image of the deceased was relatively low after the lapse of time, and the function of the cryposis was found to be 10% pulposis in the daily life of the deceased, and there was no obligation to observe the 3th day 97th day mpul.

As such, it is difficult to say that pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary 2014. There is no need for further research on pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary 2. There is no possibility of pulmonary pulmonary pulmonary pulmonary 2.

It does not mean that there has been infection and pulmonary urine. Even if pulmonary urine has been observed in the front night from May 18, 2015 to the 21st day of the same month, there is a high possibility that pulmonary urine and urine urine urine urine has deteriorated due to the reduction of urine by new urines on the day of death, and the increase of urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine was difficult to determine the increase in pulmonary urine urine and urine urine urine urine urine urine urine urine urine urine, but there was no high possibility that there was a decrease in pulmonary urine urine urine.

Since pneumoconiosis falls under the progress that can occur, it is difficult to view that it is difficult to say that the pneumoconiosis has aggravated rapidly due to the sudden aggravation of the respiratory level above the natural progress.

The "this court" of the first instance court's first-2, second-2, fourth, fourth-4, fourth-5, and second-class, second-class, third-class, and sixth-class, shall be used as "the first instance court", and the "the result of the request for supplementation of appraisal" of the fourth-class, second-class, "the result of this court's request for supplementation of appraisal" shall be added to "the result of this court's entrustment of appraisal of the medical records to the president of the K Association", second-class, 7 "the president of the J Hospital", and

0 The following is added between the 12th and 16th of the first instance judgment, and the 16th of the 16th of the 12th instance judgment. The pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary c) was presented.

2. Conclusion

The plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance is just with this conclusion, and the plaintiff's appeal is dismissed as it is without merit.

The presiding judge, the senior judge;

Judges Lee Jin-hee

Judges Kim Gin-han