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(영문) 서울행정법원 2019.07.11 2018구합70011
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. Nonparty B (C) served for approximately six years and four months from August 28, 1962 to December 31, 1968 at the Korea Coal Corporation D Mining Center as coal scrap.

B. B was diagnosed as a pneumoconiosis certificate around 1993 and received medical care benefits, etc.

C. B died of the waste collection around March 27, 2017, around 03:22.

(hereinafter referred to as “the deceased”) B. D.

On April 4, 2017, the Plaintiff, the deceased’s spouse, claimed that the deceased died due to pneumoconiosis, complication, or other causes related to pneumoconiosis and filed a claim for the payment of bereaved family’s benefits and funeral expenses.

However, on April 19, 2017, the Defendant rendered a disposition against the Plaintiff on the ground that it is difficult to deem that the deceased died due to pneumoconiosis, complication, or other causes related to pneumoconiosis due to low medical relationship between the value of the deceased’s death and the pneumoconiosis (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was diagnosed as the first pneumoconiosis around 1993, and was administered with pneumoconiosis and its combination for a long time before the death on March 27, 2017. As a result, the Plaintiff died due to the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmon

Therefore, it is reasonable to view that the deceased died due to pneumoconiosis, complication, or other causes related to pneumoconiosis, and thus, the instant disposition on a different premise is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) The deceased’s result of the precise diagnosis of pneumoconiosis symptoms (2) from around 2013 to around 2015 (E hospital) is the doctor’s (E hospital) doctor’s (E hospital) of the deceased.

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