logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.11.30 2017구합65517
유족급여및장의비부지급처분취소
Text

1. On May 23, 2016, the disposition that the Defendant rendered to the Plaintiff on May 23, 2016 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. In the precise diagnosis conducted from November 17, 1969 to July 22, 1978, the deceased B (hereinafter “the deceased”) who is the spouse of the Plaintiff was diagnosed as pneumoconiosis-type symptoms (0/1 type) and pulmonary tuberculosis with complicationic activity.

B. From May 26, 1994, the Deceased died on January 12, 2016 while hospitalized at the KLLP Hospital from May 26, 1994 with her active pulmonary tuberculosis as an approved injury and disease. The death diagnosis report of the Deceased is written by the cause of death as the respiratory part due to the concentration of pneumoconiosis.

C. The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and claimed the payment of survivors’ benefits and funeral expenses. However, on May 23, 2016, the Defendant rendered a disposition of paying survivors’ benefits and funeral expenses on the ground that the deceased’s pneumoconiosis type falls short of one type, and thus, cannot be seen as the death caused by pneumoconiosis.

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for an examination with the Industrial Accident Compensation Insurance Reexamination Committee on the instant disposition, but the said Committee rendered a ruling dismissing the Plaintiff’s request for examination on March 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was seriously damaged by a pulmonary tuberculosis by a merger witness of pneumoconiosis, and thereby, died from the pulmonary part due to the outbreak of the pulmonary part.

Therefore, the death of the deceased constitutes an occupational accident, and thus, the instant disposition is unlawful.

B. 1) The result of the examination of the waste function performed by the deceased while being hospitalized in the Taebain Hospital is as follows (FVC: Efforts to abolish, and FV1: the appropriateness of FVC FE1: daily average on March 8, 2013 x May 23, 2013 x 22 x September 23, 2013 x 25 September 38, 2013 x 20 on September 38, 2013 x 25, 2014 b1 March 36, 2014 on May 36, 2014, 2014.

arrow