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(영문) 서울행정법원 2017.03.30 2015구합82655
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. The Plaintiff’s husband’s husband B (CB, hereinafter “the deceased”) worked as a mining source in the Dhutan mine.

B. As a result of the precise diagnosis of pneumoconiosis around October 2007, the Deceased was determined at Grade I(1/0) and Grade XIII(13). In September 2013, the Deceased was determined at Grade I(1/10) and was determined at Grade I(1) and B(11).

C. The Deceased died on June 21, 2014, which was under medical care with the Defendant’s approval for medical care.

On September 24, 2015, the Plaintiff asserted that the deceased’s death constitutes occupational accidents, and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on September 24, 2015, the Defendant rendered a disposition of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiff on the basis of the result of the advice of the occupational waste medical research institute that “the deceased died because luminous cancer that occurred regardless of pneumoconiosis was transferred to the lung and bones of the deceased.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion died due to the pulmonary cancer of pneumoconiosis witnesses.

Even if it is not so, the deceased died by combining the pneumoconiosis with the luminous cancer, so the death of the deceased has a proximate causal relation with the pneumoconiosis and its combination.

Therefore, the instant disposition that was determined on a different premise is unlawful.

B. The “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to the worker’s injury, disease, physical disability, or death resulting from his/her duties while performing his/her duties. Therefore, in cases where the accident is caused by a disease or a disease, a proximate causal relation exists with the worker’s work. In such cases, the causal relation between the worker’s work, disease, or death caused by the disease

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