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(영문) 광주지방법원 2017.04.06 2015구단21
유족급여 및 장의비 부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. A. On August 2, 1974, the deceased B (hereinafter “the deceased”) joined the Korea Coal Corporation’s YH and worked as the optical part by March 24, 1991, and was determined by pneumoconiosis (Grade 11), and died on May 2007, after receiving a diagnosis of pneumoconiosis symptoms and a merger witness’s active tuberculosis (bbath) and received medical care on September 16, 2014.

B. On September 29, 2014, the Plaintiff, a wife of the Deceased, asserted that the death of the Deceased was caused by pneumoconiosis, which is an occupational disease, and claimed bereaved family benefits and funeral expenses to the Defendant.

C. As to this, on October 29, 2014, the Defendant rendered a disposition of survivors’ benefits and funeral site-based subsidization (hereinafter “instant disposition”) on the ground that “In full view of the clinical process and various inspection results up to the death of the deceased, it is deemed that the deceased died regardless of pneumoconiosis.”

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, and Gap No. 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that there was a proximate causal relation between the deceased’s death and the pneumoconiosis, and thus, the instant disposition made on a different premise is unlawful, inasmuch as the Plaintiff’s death and the pneumoconiosis were caused by the aggravation of the pneumoconiosis during a long-term period of medical care and the pulmonary injury of the combined witness.

(b) as shown in the attached Form of the relevant statutes;

C. (1) At the time of death, the Deceased’s age was 76 years of age at the time of death as Cherst male. (2) As a result of the Deceased’s pneumoconiosis-type and examination, the Deceased was determined on March 1993 as pneumoconiosis-type 2/1 (Grade 11, cardiopulmonary function F0), and was diagnosed as pneumoconiosis-type 2/2 and its combined witnesses’ active tuberculosis (tbbba) around May 207.

Accordingly, medical treatment was received by the hospital, etc. until the death.

On September 201, the Deceased was inspected on the closed function at the Mannam University Hospital.

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