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(영문) 서울행정법원 2015.05.01 2013구합734
유족급여및장의비부지급처분취소
Text

1. The Defendant’s disposition of paying survivors’ benefits and funeral expenses to the Plaintiff on January 5, 2012 is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

The net B (hereinafter referred to as the "Crein,") worked as a mining source in the area of the fish shot area of the Dongjin Mining Co., Ltd. from May 10, 1975 to March 7, 1984.

As a result of the precise examination from February 27, 2006 to March 4, 2006, the Deceased was diagnosed as “mick type of pneumoconiosis: Type 1 (1/2) and the degree of cardiopulmonary function: the degree of light disability (F1)” and received a pneumoconiosis disability grade under Grade 7 subparag. 15.

As a result of a precise examination conducted from February 1, 2010 to May of the same month, the deceased was diagnosed as “mal-type C in the pneumoconiosis: Type 1 (1/1) and the degree of cardiopulmonary function: the degree of light disability (F1): The deceased was diagnosed as “mal-level disability (F1)” and received the pneumoconiosis disability grade under class 7 subparag. 15.

As the Defendant recognized the pneumoconiosis of the Deceased as an occupational accident, the Deceased received a pneumoconiosis disability pension, etc.

On December 1, 2011, the Deceased was hospitalized at D’s expense, complaining of a astronomical corrosion, waste, chronic pulmonary disease, and respiratory difficulty, and was hospitalized at D’s expense by the third day of the same month, but died at around 05:30 on the same day.

According to the deceased’s death diagnosis report, the direct death of the deceased is indicated as the respiratory part, the intermediate part, the pneumoconiosis, and the preceding deather as the closed disease.

On December 9, 2011, the Plaintiff, as the wife of the Deceased, claimed against the Defendant’s Thai branch, that the Deceased caused the death of the Deceased due to pneumoconiosis, which is an occupational disease, and claimed for the payment of survivors’ benefits and funeral expenses. However, on January 5, 2012, the Defendant, on January 5, 2012, issued a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”).

Although the Plaintiff filed a petition for review seeking the revocation of the instant disposition against the Defendant, the petition for review was dismissed on June 12, 2012. Although the Plaintiff filed a petition for review seeking the revocation of the instant disposition with the Industrial Accident Compensation Insurance Reexamination Committee, the said petition for review was dismissed on October 5, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, and 10 (including each number, if any).

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