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(영문) 춘천지방법원 2017.10.24 2016구합50936

장해급여부지급처분취소

Text

1. On April 14, 2016, the Defendant’s disposition of disability benefit site payment against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff was diagnosed with pneumoconiosis after retirement while serving as a mining source in the mobilization company North Korea Mining Center, and was diagnosed with pneumoconiosis. On October 17, 2003, as a result of the precise diagnosis of pneumoconiosis conducted on October 17, 2003, the Plaintiff received medical care benefits, temporary disability compensation benefits, and injury-disease compensation annuities under the Industrial Accident Compensation Insurance Act, upon receiving the determination of "bbath: 1/0, cardiopulmonary function, and Maba."

B. On March 4, 2016, the Plaintiff filed a claim for disability benefits with the Defendant. However, on April 14, 2016, the Defendant rendered a disposition of disability benefits site payment (hereinafter “instant disposition”) to the Plaintiff on the ground that disability benefits under the Industrial Accident Compensation Insurance Act provides that disability benefits shall be paid in cases where a worker suffers from an injury or disease due to his/her occupational reason after treating the injury or disease (the treatment cannot be expected and the symptoms are fixed) and the Plaintiff has continued to receive medical care with the pneumoconiosis certificate and its merger certificate, and thus, the disability grade cannot be determined. ② Even if the degree of disability can be determined at the time of the approval of medical care, even if the right to receive the insurance benefits was not exercised for three years, and thus, it cannot be paid to the Plaintiff (hereinafter “instant disposition”).

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings]

2. Whether the disposition of this case is legitimate;

A. The Plaintiff’s assertion 1) The instant disposition is unlawful on the grounds as indicated below. (A) The effect of treatment cannot be expected differently from other concurrents. In light of the characteristics of pneumoconiosis symptoms, which cannot be predicted, in the case of patients with pneumoconiosis symptoms, the effect of treatment cannot be expected if the pneumoconiosis type is verified to be above the first type, and thus, the disability grade can be immediately determined without requiring a fixed state of symptoms.

Therefore, the plaintiff is entitled to receive medical care due to pneumoconiosis.