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(영문) 서울행정법원 2018.04.26 2015구합73040
진폐유족급여및장의비부지급처분취소
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 deceased B (Cre; hereinafter referred to as “the deceased”) was diagnosed as a person with 8 years’ work experience in D, E, etc. for the first time in 2005, and was determined as a result of the precise diagnosis of pneumoconiosis conducted on November 2014, as “harm-type 1 type (1/0), and a combined institution infection, etc.”

B. On December 17, 2014, the Deceased died, and the Plaintiff, the wife of the Deceased, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant on the ground that the deceased’s death constituted occupational accidents caused by pneumoconiosis and its combination. However, on June 16, 2015, the Defendant rendered a disposition of bereaved family benefits and funeral funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “it is difficult to recognize the cause of death of the deceased as a result of pneumoconiosis and its combination.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that there was a proximate causal relationship between the Deceased’s pneumoconiosis and its combined death on a different premise, as the Plaintiff died from the respiratory part in the state where the pulmonary function was severely deteriorated due to pulmonary symptoms, such as pneumoconiosis and lung cancer that occurred while engaging in dusty work. However, the instant disposition by the Defendant was unlawful on a different premise.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The details of the diagnosis of the Deceased’s pneumoconiosis are as listed below. The diagnosis time for the diagnosis (the diagnosis of pneumoconiosis by the result of the examination of pneumoconiosis, the outcome of pneumoconiosis on the function of chest radiation pulmonary radiation pulmonary function, and other opinions on March 7, 2005.

3. 12. F Hospital 1/0 pt sp sp sp sphorae, twit sp sp sp sp sp sp sp sp sp sp 13 to 19 June 19, 2006-

6. 24. G Hospital 1/0 pt, TF1/2 11, 10 September 10, 2007

9. 14. G Hospital 1/0 pt, tbb 0 13, 15 December 15, 2008 to December 19, 2008, tb 1/0pp, tb f0 13 June 7, 2010 to June 7, 2010.

6. On November 11, 201, H Hospital 1/0 pt, TF0 13, 2013, from November 26, 201 to November 30, 2012, F Hospital 1/0ppp, Tbbbb f1/2 11, 18th 18th 201 to November 20, 201.

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