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(영문) 서울행정법원 2015.07.02 2014구합69655
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiff’s father He (hereinafter “the Deceased”) worked in the Korea Coal Corporation from September 14, 1968 to October 31, 1983. B. The Deceased was diagnosed as “0/1 of pneumoconiosis-type disease” as a result of a precise diagnosis from March 21, 2005 to October 23, 2005, and was subsequently diagnosed as indicated below.

As a result of the diagnosis of the intensive examination period, the examination results show that there is a combination of pneumoconiosis degree of the chest radiation pulmonary function disability (other opinions) (other opinions) from March 21, 2005 to January 23, 2005 - 0/1- - Ansansansan National Hospital 0/1 from August 18, 2006 to February 22, 2006 (Health Control Card is indicated as 1/1) Ansan National Hospital 1/0 (Health Control Card is indicated as 1/1 in case of Non-Activities pulmonary Tuberculosis) of 603th 12 from December 29, 2008 to January 02, 2009 - 1/00 of the Ansan National Hospital - 1/16 of Grade 013th 16.

C. On April 29, 2013, the Deceased was hospitalized in a F Hospital and died on May 24, 2013 (hereinafter “the death of this case”). On the death report, the direct death of the Deceased was pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

On October 29, 2013, the Plaintiffs asserted that the instant death was caused by pneumoconiosis and its complication and filed a claim for the payment of survivors’ benefits and funeral expenses against the Defendant. On May 8, 2014, the Defendant rejected the payment on the ground that “The causal link between the death, pneumoconiosis, and the death is not recognized since the deceased died due to the pulmonary pulmonary pulmonary pulmonary pulmonary Elimination caused by cerebral typhism regardless of pneumoconiosis,” based on the medical opinions of the occupational pulmonary Medical Research Institute requesting advice from the Defendant on May 8, 2014.

E. On September 19, 2014, the Plaintiffs again filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses, and the Defendant repeatedly filed a claim against the Plaintiffs on September 24, 2014 on the ground that “The Plaintiffs repeatedly filed a claim against the matters on which the site pay was made on the grounds of the foregoing paragraph (d) without justifiable grounds.”

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