1. The part of the claim for cancellation of the funeral site-based disposition among the instant lawsuits shall be dismissed.

2. The plaintiff's remaining claims.

Details of the disposition

B (C) from October 14, 191 to January 14, 1992, work as mining source D and engaged in dusty work.

B as a result of the precise diagnosis as follows: Scrapping type, tbbi: A decision on medical care was made according to non-bruptive pulmonary tuberculosis.

B On January 6, 2019, the Korea Labor Welfare Corporation was hospitalized in the East Sea Hospital, and confirmed a change in consciousness around 05:45, and died at around 08:56.

A death certificate was issued with the pressure from cerebral blood as a private person.

The plaintiff is the spouse of B (hereinafter referred to as “the deceased”).

On August 19, 2019, the Defendant rendered a disposition of bereaved family’s benefits and funeral expenses on the ground that “the reason for the death of the deceased is reasonable to regard the deceased as cerebral blood. The Deceased died without pneumoconiosis.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4 through 10, Eul evidence Nos. 1 through 4, and the purport of the whole pleadings are as shown in the attached Form of the relevant Acts and subordinate statutes.

In the lawsuit of this case, the defendant asserts that this part of the claim is unlawful, since it is not the actual burden of funeral expenses.

Article 71 (1) of the Industrial Accident Compensation Insurance Act provides that funeral expenses shall be paid to bereaved family members who held funeral services.

In full view of the purport of the evidence No. 4 and the entire arguments, the funeral expenses of this case are acknowledged to be borne by F rather than the plaintiff, and F to be born between the deceased and the former spouse G rather than between the plaintiff and the deceased.

Inasmuch as there is no proof that the Plaintiff and F are living together, the Plaintiff cannot be deemed to have an interest in funeral expenses paid by F.

This part of the claim is unlawful because there is no legal interest.

(hereinafter “instant disposition”). As to the legitimacy of the instant disposition, the deceased died due to cerebral blood.