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(영문) 서울행정법원 2017.12.21 2016구합82058
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on September 2, 2016 as bereaved family benefits and funeral expenses shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband B (C birth, hereinafter “the deceased”) worked in the Black Mining Center located in Chungcheongnam-si for about one year and seven months from December 1, 1986 to June 20, 198.

B. On January 9, 2013, the Deceased obtained the approval of the medical care from the Defendant as a chest infection accompanied by pneumoconiosis, and died on January 7, 2016.

The private person of the deceased mentioned in the death report shall be as follows:

(A) The chronic failure of the causes of the suspension of the cardiopulmonary function (b) and the pneumoconiosis of the causes of (c)(b) of the stroke;

C. On September 2, 2016, the Plaintiff claimed bereaved family benefits and funeral expenses to the Defendant, and the Defendant rendered a disposition of bereaved family benefits and funeral funeral expenses (hereinafter “instant disposition”) to the Plaintiff on September 2, 2016, based on the result of the advice of the occupational waste medical research institute that “the deceased has aggravated the concentration that occurred without relation to the pneumoconiosis or the pulmonary function disorder related to pneumoconiosis and caused death.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion on the death caused the death of the deceased, by directly affecting the pneumoconiosis and pleasy infection, which is a wound of the deceased’s approval for the medical treatment, or by causing the death of the deceased, or by serving as the main cause of cardiopulmonary dong and stroke.

Therefore, there is a proximate causal relationship between the deceased's death and pneumoconiosis.

Nevertheless, the instant disposition that held that there is no proximate causal relation between the deceased’s death and the pneumoconiosis is unlawful.

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

C. 1) The deceased’s detailed diagnosis of pneumoconiosis is as follows.

As a result of the diagnosis of the diagnosis time agency ( pneumoconiosis review), the diagnosis agency for the diagnosis of the diagnosis time, the outcome of pneumoconiosis regarding the degree of disability of the chest radiation pulmonary function, and other opinions on pneumoconiosis, shall be from January 15, 1989 to January 20, 1989, and from January 15, 1989 to 2/2 of the D Hospital, and from June 9, 2003 to 14.

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