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(영문) 서울행정법원 2017.05.11 2016구합58369
유족급여및장의비부지급처분취소
Text

1. On June 18, 2015, the disposition that the Defendant rendered to the Plaintiff on June 18, 2015 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband B (hereinafter “the deceased”) worked in the Korea Coal Corporation C Mining Corporation for about 13 years and 5 months from July 25, 1976 to January 4, 1990.

B. In the precise diagnosis of pneumoconiosis conducted on March 9, 1998 to March 14, 1998, the Plaintiff was judged as Grade 1 of the disability grade by the diagnosis of pneumoconiosis type No. 1 (1/2). In the precise diagnosis of pneumoconiosis conducted on five occasions during the period from July 9, 201 to June 5, 201, the Plaintiff was determined as Grade 11 of the disability grade by the diagnosis of pneumoconiosis type No. 2 (2/1, 2/2).

C. On October 23, 2014, the Plaintiff died from the East Sea Hospital at the Korea Labor Welfare Corporation (Korea Labor Welfare Corporation).

The Plaintiff claimed the bereaved family’s benefits and funeral expenses against the Defendant on the ground that the deceased’s death was an occupational accident. On June 18, 2015, the Defendant rendered a disposition on the ground that “The deceased died due to the failure of the deceased’s blood transfusion that occurred before the deceased’s death. At the time the deceased’s blood transfusion was confirmed, the outcome of pulmonary collection was not found, and the outcome of pulmonary leaping was generated after one week from the blood pressure decline occurred, and the degree of pressure tradical tracing was prior to the occurrence of a contagious blood transfusion, and thus, it is highly likely that he/she would have been a contagious blood transfusion.”

(hereinafter “instant disposition”) e.

The plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on January 28, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) The Plaintiff’s assertion 1) The Plaintiff’s assertion that the pulmonary disease caused the structural transformation of the pulmonary disease due to the pneumoconiosis and the repulmonary disorder therefrom has been deteriorated, and thus, the pulmonary disease was frequently recovered from the pulmonary condition. However, even before the death, the pulmonary disease was aggravated due to the pulmonary infection and the death led to the death. As such, there is a proximate causal relation between the deceased’s death and the pneumoconiosis.

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