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(영문) 서울행정법원 2017.03.10 2016구합74842
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 spouse B (CB, hereinafter “the deceased”) worked as a mining source at the Korea Coal Corporation Korea Coal Corporation from July 11, 1978 to October 10, 1992, and from December 29, 1992 to July 31, 1993.

B. The details of the precise diagnosis of the deceased are as listed below.

As a result of the determination of cardiopulmonary function of a medical institution Byung-type merger certificate during the precise diagnosis period of the date of the precise diagnosis, it refers to non-activity pulmonary tuberculosis without any activity of 1/0t tuberculosis bomb tuberculosis during the period from February 14, 2005 to February 26, 2005.

It is distinguished from the active tuberculosis (tba) in which tuberculosis germs is active.

F0 (Abnormal Obstructions 13 Grade 12, November 8, 2010 to November 12, 2010, 13 Grade 16, 13, 200 tbbbf0 (Abnormal) with the KLW 1/0 tbbf0 (Abnormal) hospital of the KLWC on November 12, 2010.

C. On October 20, 2015, the Deceased died in the D convalescent hospital. On October 20, 2015, the Main E diagnosed the deceased’s preceding causes of death as “harm”, the intermediate event is “defluence of satise”, and the direct deather as “patch shock of patise.”

The death diagnosis report (Evidence A No. 4) on the deceased is indicated as the direct death of the deceased, the “malker’s pneumoconiosis,” the cause of the direct death of the deceased, the “defluor’s pulmonary waste,” and the cause of the defluoral shock. However, it is a clerical error due to a computer error.

(See the result of this court's inquiry about E).

On November 27, 2015, the Plaintiff asserted that the deceased died of the pneumoconiosis, which is an occupational disease, and its combination, and demanded the Defendant to pay survivors’ benefits and funeral expenses. However, on December 18, 2015, the Defendant rendered a decision on survivors’ benefits and funeral expenses on the ground that “the deceased cannot be deemed as having died of pneumoconiosis, its merger, or other pneumoconiosis.”

Around January 6, 2016, the Plaintiff again filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on the same ground as on June 17, 2016, the Defendant rendered a decision on the survivors’ benefits and funeral funeral expenses.

The site wage of June 17, 2016.

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