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(영문) 서울행정법원 2016.01.21 2015구합1601
유족급여및장의비부지급처분취소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff (designated parties; hereinafter “Plaintiff”)’s license (D students; hereinafter “Plaintiff”) served for E Company from September 16, 1968 to May 18, 196. As a result of the pneumoconiosis diagnosis conducted by the Taesan Industrial Hospital in 2002, the disability grade No. 11 was determined as a result of the pneumoconiosis diagnosis conducted in 2010. As a result of the pneumoconiosis autopsy examination conducted in 2010, the disability grade No. 2(2) type of pneumoconiosis type and the cardiopulmonary function (F0) was determined as the normal condition of the cardiopulmonary function (F0).

B. On July 12, 2013, the Deceased died of a brupt-resistant disorder, a direct death.

C. A, a wife of the Deceased, made a claim for reimbursement of pneumoconiosis survivors’ annuities and funeral expenses to the Defendant.

On March 19, 2014, the Defendant rendered a decision on the site of the bereaved family’s benefits and funeral expenses on the ground that “the deceased’s death is relatively old as at the time of death,” ② even though the deceased conducted a precise inspection of pneumoconiosis on 11 occasions during the period from 1997 to 2009, there was no cardiopulmonary function disorder (F0). ③ The deceased’s pneumoconiosis type was not changed for a considerable period of two years, ④ The deceased’s direct death was caused by the cardiopulmonary part of the death irrelevant to the pneumoconiosis, and ④ the deceased’s medical opinion that it was the pulmonary part of the death and the pulmonary part of the death was considered to have affected the death of the deceased.”

(hereinafter “instant disposition”) e.

A, dissatisfied with the instant disposition, filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the request for reexamination on November 6, 2014.

F. A died on April 10, 2015, and the Plaintiff and the designated parties are their successors.

[Ground of recognition] dispute.

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