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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 deceased B (C) whose father is the Plaintiff’s father (hereinafter “the deceased”) worked in the Yellow Mining Center Co., Ltd. from December 28, 1985 to July 20, 1987.
B. On December 16, 2015, the Deceased died in a convalescent hospital.
D Medical care specialists, who belong to the D convalescent, diagnosed the deceased’s direct death as “the blood transfusion from the superior minister,” “liveration, pulmonon,” and “mal infection and pneumoconiosis.”
C. The Plaintiff asserted that the deceased died from the pneumoconiosis, which is an occupational disease, and claimed funeral expenses to the Defendant. However, on October 18, 2017, the Defendant determined funeral expenses on the ground that it is difficult to recognize proximate causal relation between the deceased’s pneumoconiosis and the death, and notified the Plaintiff thereof.
Then, the Plaintiff again filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant, but the Defendant rendered a decision on the amount of survivors’ benefits and funeral site expenses on the same ground on June 21, 2018, and notified the Plaintiff thereof.
(hereinafter the aforementioned disposition issued on June 21, 2018 (hereinafter referred to as “instant disposition”). [Grounds for recognition] A without dispute, entry of evidence Nos. 1 through 5 and 13, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that there was a proximate causal relationship between the deceased’s pneumoconiosis and the death, as the Plaintiff died after the normal preventive function of the waste was deteriorated due to pneumoconiosis.
Therefore, the instant disposition that was otherwise determined is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. The facts of recognition 1) As a result of the precise diagnosis of pneumoconiosis against the deceased, the precise diagnosis period for the precise diagnosis of the deceased is the minor disability grade C from March 28, 2002 to March 30, 2002, 200 to March 31, 2002 (normal) 11 to May 12, 2003 to May 2/17, 2003 from May 17, 2003 to June 7, 2004 to July 24, 2004 (normal) 11 to July 27, 2005 to July 27, 2005 (normal).