logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.03.29 2016구합65138
유족급여등부지급처분취소 청구의 소
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 as a mining source in D Co., Ltd.

B. As a result of the precise diagnosis conducted from July 19, 2004 to the 24th day of the same month, the Deceased was judged as 1/0 of pneumoconiosis type 1/0, 60 of cardiopulmonary function, and 13 grade 12 of the disability grade. From March 13, 2015, during medical corporations E (hereinafter “E hospital”) received medical treatment, the Deceased died of the case with “self-harm”, which is direct death on November 23, 2015, i.e., e., e., “waste”, “debris,” “debris,” which is the first preceding death.

C. On December 14, 2015, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes occupational accidents caused by pneumoconiosis and its merger. However, on March 15, 2016, the Defendant rendered a decision on the site payment on the ground that there is no proximate causal relation between occupational disease and death on the ground that the deceased’s death cannot be deemed as a death caused by pneumoconiosis and its merger as a result of consultation with the employment-related disease research institute.

(hereinafter “Disposition in this case”). / [Ground of recognition] The facts without dispute, Gap’s evidence Nos. 1, 2, and 5, Eul’s evidence No. 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In addition to the pneumoconiosis, the Plaintiff’s alleged tuberculosis was treated due to pulmonary tuberculosis, pulmonary pulmonary typhism, and cerebral typhism, but the deceased’s pulmonary pulmonary tuberculosis was caused by the decline in the preventive function of the pulmonary pulmonary typhism. 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

Therefore, the death of the deceased is an occupational accident.

arrow