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(영문) 서울행정법원 2019.08.22 2018구단77602

요양불승인처분취소

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. On December 4, 2017, the Plaintiff diagnosed chronic closed diseases (hereinafter “instant injury”) in B and on December 4, 2017, and applied for medical care benefits to the Defendant on January 8, 2018.

B. On October 1, 2018, the Defendant issued a medical care non-approval measure (hereinafter “instant disposition”) on the ground that “The first rate of the day was 55% in the closed function test conducted on February 22, 2018 upon the F Research Institute’s request for deliberation, and the first day was 67% in the normal predicted value. However, on the premise that the Plaintiff had been recognized as working capacity in the mining center during the four years prior to 1986, the Plaintiff was exposed to the nitrogen gas, etc. generated during the period of September 2, 1978 during the coal, the final glass dust dust, and the blasting work, but the period of exposure was somewhat short, does not constitute the closure of a chronic chronic disease related to his duties.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff performed transportation and collection work in a mining establishment, which is an enclosed underground space for about nine and a half years, without personal protective equipment, etc., and continuously exposed to dust during that process, which resulted in the plaintiff's smoking power and rise action, which caused the disease of this case, but on a different premise, the disposition of this case should be revoked illegally.

B. Fact 1) The Plaintiff’s mining station work experience from around 1978 to around 1982 stated that the Plaintiff performed the transportation work at the mining station located in the fixed line C for a period of four years, from May 15, 1986 to May 31, 191, as well as from the D Mining station from September 2, 1992 to February 7, 1993.2) The Plaintiff’s smoking power Plaintiff stated that the Plaintiff’s smoking power was “Ahhhhhhhhhhh” from the standard survey answer (Evidence B No. 3) to the date of an interview with the F Research Institute.