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(영문) 춘천지방법원 2018.08.28 2017구합50858
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 January 27, 2005, the deceased B (C life, male, hereinafter referred to as “the deceased”) worked as a mining source at the Korea Coal Corporation's Do Mining Center. On January 27, 2005, the results of the precise diagnosis of pneumoconiosis showed that: (a) pneumoconiosis type I (type 1/1); (b) the conditions of cardiopulmonary function (F0); (c) disability benefits under the former Industrial Accident Compensation Insurance Act (amended by Act No. 10305, May 20, 2010); and (d) died on February 9, 2017 while receiving disability compensation annuities, etc. under the former Industrial Accident Compensation Insurance Act (amended by Act No. 10305, May 20, 201); and (b) the direct death in the autopsy report issued by the Gangwon-do Do Tri Medical Center physician D is a pulmonary disease, and the preceding death is a pneumoconiosis.

B. The Plaintiff, as the wife of the Deceased, demanded the Defendant to pay survivors’ benefits and funeral expenses on the ground that the deceased’s death caused by pneumoconiosis constitutes occupational accidents. However, on March 13, 2017, the Defendant was determined as survivors’ benefits and funeral expenses on the ground that “it is difficult to recognize the causal relationship between the deceased’s death and pneumoconiosis.”

(hereinafter referred to as the "disposition of this case". 【No dispute over the grounds for recognition, Gap evidence Nos. 1, 2, 4, and 6, Eul evidence No. 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that ① the Deceased’s first diagnosis of pneumoconiosis was conducted on March 29, 2001, and thereafter on June 2, 2004, the disability grade 13, and the disability grade 11, and the disability grade 16, November 26, 2014, and the disability grade 7 (pulmonary function F1), are judged on January 11, 2016, are gradually aggravated; ② the chronic difficulty of pulmon and pulmonary difficulty of the Deceased before the Deceased’s death; ③ the Deceased was not older than 58 years old at the time of his death; ③ there was no particular disease other than the respiratory distress caused by the pneumoconiosis; ④ a prior deather in the autopsy of the Deceased’s body report on the deceased; and ④ a proximate causal relationship between the deceased’s work and the deceased’s death is recognized.

Therefore, the instant disposition is taken on a different premise.

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