The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details and details of the disposition;

A. The deceased B (hereinafter “the deceased”) worked as a mining source in the Daeban mine Co., Ltd., Samied Enterprise from October 5, 1976 to December 10, 1981.

B. As a result of the precise diagnosis of pneumoconiosis, the Deceased was judged to be in disability as of August 1, 2001 (1/0) pneumoconiosis (F0) (i.e., cardiopulmonary function), and on October 6, 2004 (1/0) pneumoconiosis (1/0) and 13 degree of disability as of October 6, 2004 due to the pulmonary function F0) and the accompanying pulmonary function (1/0), and was judged to be in disability as of November 14, 2005 (1/10) pneumoconiosis (F2) and the accompanying pulmonary function (F2).

C. The Deceased died on March 9, 2016, while receiving the above medical care at the Taesan Hospital, according to the determination of the above medical care.

On July 7, 2016, the Plaintiff, the deceased’s spouse, filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant, claiming that “the deceased’s death constitutes occupational accidents, as the deceased died with pneumoconiosis and its combination.”

E. On September 8, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “the deceased died without connection with the pneumoconiosis, which is an occupational accident.”

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1-3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Deceased suffered from liver diseases other than pneumoconiosis, which is an occupational disease.

Although the Deceased had undergone an operation to accurately diagnose and treat liver diseases, the Deceased failed to perform an operation for liver diseases due to aggravation of pulmonary function due to pneumoconiosis, and eventually died due to aggravation of liver diseases.

Therefore, given that there is a proximate causal relationship between the deceased’s death and the occupational accident, the pneumoconiosis and the combination thereof (hereinafter “harm, etc.”), the instant disposition is unlawful.

B. The details of the relevant statutes are as shown in the attached statutes.

C. The “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act means an employee.