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(영문) 서울행정법원 2016.06.22 2014구합74602
유족급여등부지급처분취소
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. B (C) from August 23, 1968 to December 31, 1989, the Korea Coal Corporation and the Korea Coal Corporation established a mining center as a mining department. On July 7, 2003, the Defendant was determined to have pneumoconiosis as a result of the diagnosis of pneumoconiosis at the Ansan Industrial Hospital established under the Defendant’s control, and died on November 3, 201 when the hospital was receiving medical care from the hospital.

At the time of the death of the deceased, the doctor in charge expressed his opinion that the death of the deceased was the death cancer and the preceding death was the pneumoconiosis.

B. On November 16, 201, the Plaintiff, as the deceased’s spouse, died of pneumoconiosis as an occupational accident, and claimed the Defendant to pay survivors’ benefits and funeral expenses.

The Defendant received opinions from advisory doctors at the time to the effect that “the deceased has reached the death of the deceased as it transferred to the end of the Maternal Maternal Madry that occurred in the mouth (hereinafter “Madal Madal Madalam”), and issued a disposition to not pay the bereaved family’s benefits and funeral expenses to the Plaintiff on December 28, 2011.

C. The Plaintiff again filed the same claim against the Defendant on November 3, 2014, but the Defendant, without any further investigation, rendered the same disposition against the Plaintiff on November 10, 2014 (hereinafter “instant disposition”).

[Reasons for Recognition] No dispute exists, Gap evidence Nos. 1, 2, 4, 5, and Eul evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. At the time of work on a mining part of the Plaintiff’s assertion, the Deceased was mainly in charge of digging and was exposed for a long time to a large amount of sacrine dust, and sacrine dust is known as the cause of the sampling cancer.

Therefore, in the case of the deceased, erosion sampling should be viewed as occupational accident, and eventually, erosion cancer causes the death of the deceased and the causal relationship between occupational accident and the death of the deceased is recognized.

In addition, in the case of the deceased, the pneumoconiosis has already been proved to be an occupational accident and the pulmonary function has been significantly deteriorated due to the pneumoconiosis, and the deceased is rapidly proceeding.

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