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(영문) 서울행정법원 2015.04.16 2013구합58870
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. On February 17, 1967, the deceased B (C.C., hereinafter “the deceased”) was employed by the Korea Coal Corporation in the Korea Coal Corporation (D Mining Corporation) for about twenty (20) years, and retired on July 31, 1987.

B. On April 2002, the Deceased was determined as disability grade 7 with pneumoconiosis type 1/0, and cardiopulmonary function F1 (Gyeongdo disability) as a result of the precise diagnosis of pneumoconiosis around February 2004. Around February 2004, the Deceased was determined as a result of the precise diagnosis of pneumoconiosis type 1/0, which was accompanied by pneumoconiosis type 1/0, and was determined as a result of a merger certificate expansion. From March 24, 2004, the Deceased was received concurrent medical treatment at Gwangju-si Hospital and Joseon University Hospital.

C. On November 6, 2012, the Deceased moved to the Joseon University Hospital to undergo the negotiology due to the relevant negotiology, and received treatment on December 2, 2012, the cardiopulmonary resuscitation occurred, and conducted cardiopulmonary resuscitation on the same day. However, on the same day, the Deceased died at the relevant hospital.

The Plaintiff, a child of the deceased, claimed that the deceased’s death constitutes occupational accidents, and demanded the Defendant to pay survivors’ benefits and funeral expenses due to the death of the deceased. However, on June 14, 2013, the Defendant rendered a decision on the survivors’ benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that the death of the deceased is difficult to be deemed as due to pneumoconiosis and a combination thereof.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 10, and 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion aggravated the pneumoconiosis and its combination, which are occupational diseases, so there is a proximate causal relation between the death and pneumoconiosis of the deceased.

Therefore, the instant disposition is unlawful.

B. It is as stated in the relevant laws and regulations attached thereto.

C. 1) The Deceased’s medical history and treatment records, etc. are as follows: (a) from Mar. 24, 2004 to Nov. 6, 2012, the disease symptoms at the Culin Hospital.

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