Deals & Cases
Administrative Litigation Specialist Attorney | Judgment Revoking the Disposition Denying Pneumoconiosis Survivors' Benefits and Funeral Expenses
The client of the administrative litigation specialist attorney was the wife of a husband who had died from pneumoconiosis. The client wished to file an administrative litigation and obtain a judgment revoking the disposition denying the payment of pneumoconiosis survivors' benefits and funeral expenses.
1. Administrative Litigation Specialist Attorney | Case Details
The client who sought out an administrative litigation specialist attorney and requested a consultation was the spouse of a husband who had developed pneumoconiosis after working in a coal mine for a long time.
The client's husband had received pneumoconiosis disability determinations several times over a number of years and had continuously received management and treatment for the aftereffects of pneumoconiosis.
One day, the client's husband visited a hospital due to sudden respiratory difficulty, and the physician issued an opinion that “the lung function had been severely damaged due to pneumoconiosis.”
While wearing an oxygen respirator, the husband repeatedly improved and worsened, and he managed to undergo an examination, but immediately after the examination his respiratory difficulty abruptly worsened, and he died after vomiting blood.
The client, judging that her husband's death was directly related to his work, applied to the Korea Workers' Compensation and Welfare Service for the pneumoconiosis survivors' pension and funeral expenses, but the Korea Workers' Compensation and Welfare Service issued a disposition denying payment on the ground that “there was insufficient medical basis to acknowledge a substantial causal relationship between the death of the client's husband and his work.”
Accordingly, the client wished to file a lawsuit, with the assistance of an administrative litigation specialist attorney at Daeryun Law Firm, to revoke the disposition denying the payment of survivors' benefits and funeral expenses.

2. Administrative Litigation Specialist Attorney | Explanation of the Concept of Pneumoconiosis
Pneumoconiosis is one of the occupational diseases in which fibrotic changes occur in the lungs, causing respiratory difficulty and a decline in lung function, when dust (fine stone powder or coal powder) is continuously inhaled in coal mining, quarrying, stone processing, and the like.
Pneumoconiosis is difficult to cure, and as time passes it can cause complications such as respiratory failure and pulmonary heart disease, which may lead to death.
Concept of the Pneumoconiosis Survivors' Pension and Funeral Expenses
The pneumoconiosis survivors' pension is a pension paid to the surviving family of a worker who has died from pneumoconiosis, and it is calculated based on the same amount as the pneumoconiosis compensation annuity that was being paid to the deceased at the time of death.
In addition, funeral expenses are a benefit paid to the surviving family to cover the costs of the funeral when a pneumoconiosis worker dies from pneumoconiosis.
Article 91-4 (Pneumoconiosis Survivors' Pension) (1) The pneumoconiosis survivors' pension shall be paid to the surviving family where a pneumoconiosis worker has died from pneumoconiosis.
In order to receive the pneumoconiosis survivors' pension and the like, the causal relationship between the cause of death and the pneumoconiosis must be clearly proven.
3. Administrative Litigation Specialist Attorney | Evidentiary Materials and Methods of Collection
An administrative appeal is a procedure for requesting, within an administrative agency, the correction or revocation of an unlawful or unjust disposition by an administrative agency, while 🔗administrative litigation is a lawsuit filed to contest the result of an administrative appeal or to directly seek a judgment from the judiciary.
The client had already filed an administrative appeal once, but it was dismissed, so she wished to seek a judgment from the court through administrative litigation.
In a situation such as that of the client, proving the causal relationship between the pneumoconiosis and the work is the most important thing.
Item of Proof | Details | Method of Collection |
History of pneumoconiosis disability determinations | Past pneumoconiosis disability grades and treatment records | Pneumoconiosis disability decision issued by the Korea Workers' Compensation and Welfare Service, pneumoconiosis management card |
Work history and working environment | Coal mining and dust work career | Employment and industrial accident records, work environment measurement data |
Death diagnosis and medical opinion | Death certificate and examination results | Diagnosis and examination records issued by the hospital |
Specialist appraisal of causal relationship | Likelihood of death caused by pneumoconiosis | Pathological and medical appraisal reports, and the like |
Witness statements | Statements of colleagues and family | Written statements of coal mine colleagues and family, testimony on the process by which the pneumoconiosis symptoms worsened |
4. Administrative Litigation Specialist Attorney | Assistance Provided by Daeryun
The administrative litigation specialist attorney at Daeryun Law Firm assisted with the case as follows.
· Comprehensive re-review of factual and medical records
Secured the past pneumoconiosis disability determinations and periodic examination records to emphasize the continuity of the occupational disease
· Conducting a specialist medical appraisal
Additionally submitted a pathology appraisal report stating that the death from respiratory difficulty and pulmonary hemorrhage was directly related to pneumoconiosis
· Establishing a legal strategy
On the basis of Articles 91-2, 91-4, and 91-10 of the Industrial Accident Compensation Insurance Act, systematically argued the career of engaging in dust work, the history of pneumoconiosis disability, and the causal relationship of the cause of death
· Representation throughout the entire trial process
Took full charge of the entire process of filing the administrative litigation, preparing the litigation briefs, submitting evidence, and presenting oral argument
· Protection of the rights and interests of the surviving family
Reduced the psychological and physical burden that the surviving family would experience in preparing the legal arguments and evidence on their own
Case Result

The court, taking into account in their entirety the deceased's long-term career in dust work, the several pneumoconiosis disability determinations, the medical records immediately before death, and the specialist appraisal, found that a substantial causal relationship with the work was sufficiently acknowledged.
In the end, the client obtained a judgment revoking the disposition denying the payment of survivors' benefits and funeral expenses, and was able to receive both the pneumoconiosis survivors' pension and the funeral expenses in full.
Industrial accident cases that require specialized medical and legal review, such as pneumoconiosis, inevitably involve difficulties for an individual to respond to on their own.
The administrative litigation specialist attorney at Daeryun Law Firm, through collaboration with industrial accident specialist attorneys and medical specialist attorneys, provided a one-stop response from the collection of evidence to the specialist appraisal and the legal persuasion, and recovered the survivors' benefits and funeral expenses for the client.
If you judge that you need legal assistance in a situation such as that of the client, please proceed with a 🔗legal consultation reservation with Daeryun Law Firm.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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