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(영문) 서울행정법원 2015.04.16 2014구합74794
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff’s husband, who was the Plaintiff’s husband, retired from the Korea Mining Center, for about eight and a half years from February 20, 1991 to July 30, 199.

B In around 2001, after being diagnosed with the first pneumoconiosis as a result of the precise diagnosis, and around 2003, after being judged at grade 13 due to pneumoconiosis, re-examination is conducted on a regular basis after being judged at grade 13.

The quantity has been implemented.

B On February 14, 2014, after being hospitalized in the Tae Magsan Hospital, complaining of the difficulty of repulmonon and died on the 19th day of the same month.

(2) On February 25, 2014, the Plaintiff claimed payment of survivors’ benefits and funeral expenses to the Defendant on February 25, 2014, by asserting that the deceased died with pneumoconiosis and its combination. However, on April 29, 2014, the Defendant rendered a decision to pay the survivors’ benefits and funeral expenses to the Plaintiff on the ground that “the deceased’s death is difficult to be recognized due to pneumoconiosis and its combination.”

(2) In light of the above legal principles, the deceased’s prior death on the death report is a disease certificate and there is no other evidence that can be seen as having been involved in the cause of death of the deceased. In light of the above, it is reasonable to deem that the deceased died due to a pulmonary difficulty caused by pneumoconiosis, etc., in light of the following: (a) there is no dispute; and (b) the purport of the entire statement and the purport of the argument of the Plaintiff’s evidence Nos. 1, 4, and 7, as well as the purport of the argument, as to whether the disposition of this case is legitimate.

Therefore, there is a proximate causal relationship between the deceased’s death and pneumoconiosis. Therefore, the Defendant’s disposition rejecting the Plaintiff’s survivors’ benefits and funeral expenses on a different premise is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

㈎ 산업재해보상보험법 제5조 제1호의 업무상의 재해라 함은 근로자가 업무수행 중 그 업무에 기인하여 발생한 재해를...

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