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(영문) 서울행정법원 2016.12.16 2016구단59488

진폐요양신청에 대한 보험급여 부지급처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, who was engaged in dusty work at the Gangwon Coal Corporation, applied for medical care benefits for pneumoconiosis to the Defendant.

B. On March 3, 2016, the Defendant rendered a disposition to pay the site price of pneumoconiosis insurance benefits to the Plaintiff according to the result of deliberation by the Pneumoconiosis Deliberation Committee [the 0/1), and the circumstances of cardiopulmonary function (F0).

C. The Plaintiff filed a request for review to the Defendant, but was dismissed on May 23, 2016.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in the instant disposition based on a different premise, even though the noise level density 1/1 of the noise level was determined as Type 1 as a result of the inspection conducted by the Korea Workers’ Compensation and Welfare Hospital from December 2, 2015 to December 4, 2015 by the Korea Workers’ Compensation and Welfare Hospital.

B. In full view of the overall purport of the argument in the medical record appraisal of the Seoul Hospital Head of this court, the court’s appraisal of the Plaintiff’s medical record should be determined by the chest X-ray test, which is the standard prescribed in the Enforcement Decree of the Industrial Accident Compensation Insurance Act. According to the standard, the Plaintiff’s pneumoconiosis type can be acknowledged as having presented a medical opinion that the pneumoconiosis level is diagnosed as 0/1 with pneumoconiosis (0/1). In light of this, it is insufficient to recognize the Plaintiff’s pneumoconiosis type as 1 or more solely with the statement of evidence No. 3, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.