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(영문) 서울행정법원 2018.03.23 2017구합50171
유족급여및장의비부지급처분취소
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. B (C) from April 1984 to June 1990, work as a mining source at D Mining Center for about six years and two months.

B. B, around November 1992, after undergoing the first precise diagnosis of pneumoconiosis, around six times from June 201, 201, each determination that “B” has undergone a precise diagnosis of pneumoconiosis is as follows.

- Grade 11, Grade 2/1, from April 26, 2004 to April 30, 2004, Grade 11, Grade 4 through October 2/2, 2005, Grade 11, Grade 11, Grade 2, 2, 3, 3, 3, 60 ( normal) on May 28, 2007 to June 1, 2007, Grade 11, Grade 11, Grade 2, 3, 3, 60 ( normal) on October 27, 2008 to October 31, 2018 ( normal) on the condition that the disability grade of the cardiopulmonary function of the diagnosis period C is determined.

다. B은 2015. 8. 21. 11:20경 건양대학교 부여병원 응급실에 내원하였다가, 같은 날 19:00경 백제종합병원으로 전원하여 입원하였고, 입원치료 중 2015. 9. 9. 01:13경 사망하였는데, 사망진단서에 직접사인은 ‘호흡부전’, 위 원인은 ‘패혈성 쇽’, 위 원인은 ‘폐결핵’, 위 원인은 ‘진폐증’으로 기재되어 있다. 라.

On April 15, 2016, the Plaintiff asserted that the deceased died from an occupational accident, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on April 15, 2016, the Defendant determined that the death of the deceased was not recognized as a cause related to pneumoconiosis in light of the results of the professional investigation of the occupational cardiopulmonary disease research institute’s research institute that “the death of the deceased was caused by a multi-long-term shock, which was determined to have occurred regardless of pneumoconiosis in the absence of a serious ventilation disorder,” and that the death of the deceased was not a cause related to pneumoconiosis and the site-based compensation disposition for survivors’ benefits and funeral expenses (hereinafter “instant disposition”).

E. Although the Plaintiff filed a petition for review seeking revocation of the instant disposition with the Defendant, the Plaintiff was dismissed on July 2016, and the Industrial Accident Compensation Insurance Review Committee filed a petition for reexamination with the Industrial Accident Compensation Insurance Review Committee on October 4, 2016.

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