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(영문) 서울행정법원 2018.11.01 2017구합73525
진폐유족급여및장의비부지급처분취소
Text

1. On December 21, 2016, the disposition that the Defendant rendered to the Plaintiff on December 21, 2016 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband’s deceased B (CB, hereinafter “the deceased”) is a person who had worked as a hubane father in Dong-dong Co., Ltd. from September 1, 1986 to January 31, 199.

B. On July 12, 2016, the Deceased died while being transferred to D Hospital around 05:41.

In the body autopsy of the deceased, the direct deathist is indicated as the "Presumption of Smoking Before Smoking", and the preceding deathist as the "maloptysis".

C. The Plaintiff asserted that the deceased’s death constitutes occupational accidents caused by pneumoconiosis, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, the Defendant rendered a decision on December 21, 2016 on the payment of survivors’ benefits and funeral expenses against the Plaintiff, based on the Defendant’s medical opinion that “the cause of death and the pneumoconiosis symptoms caused by approved injury are deemed low.”

(hereinafter referred to as “instant disposition”). D.

The Plaintiff filed a request for examination against the instant disposition with the Defendant, but the Defendant dismissed the Plaintiff’s request for examination on June 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence No. 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s disease type of pneumoconiosis of the Deceased was 4A, which was conducted before the date of death, aggravated to 4B in the year 2016, and the cardiopulmonary function was 76% of the FVC 76%, FV 60%, FE1/FVC 51% at the time of the precise diagnosis of pneumoconiosis in 2016, and there were serious pneumoconiosis symptoms. In light of the fact that the Deceased suffered from chronic pulmonary pulmonary disease of the pre- death and caused the risk of 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 pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

Therefore, it is between pneumoconiosis and the death of the deceased.

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