미지급보험급여부지급처분취소
1. The Defendant’s disposition to pay each accrued insurance benefits payable to the Plaintiffs on February 21, 2017 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The network E (which is the father of the plaintiff A, B, and C, the bereaved family) works as a mining source in Bosung Mining Co., Ltd.
As a result of the precise diagnosis of pneumoconiosis conducted from July 10, 201 to the 14th day of the same month, a retired person was diagnosed "Type I (1/0) and cardiopulmonary function: F3 (Medical Disability): Death on August 2, 201 while receiving medical care approval from the Defendant."
B. The net F (the spouse of Plaintiff D, his bereaved family member) works as a mining source at the Korea Coal Corporation's Mining Center.
As a result of the precise diagnosis of pneumoconiosis conducted from November 28, 2015 to December 3, 2015, the worker died on July 29, 2014 while he/she was diagnosed and was receiving the approval of the medical care from the defendant after being diagnosed and was receiving the approval of the medical care.
C. The Defendant paid respectively pneumoconiosis disaster consolation benefits to the Plaintiffs, their bereaved family members, pursuant to Article 24(1)2 and the proviso to Article 24(3) of the Act on the Prevention of Pneumoconiosis and the Protection, etc. of Pneumoconiosis Workers (hereinafter “ Pneumoconiosis Prevention Act”).
The Plaintiffs, as their bereaved family members of the deceased, filed a claim for the payment of disability benefits and disability compensation benefits (hereinafter “each claim of this case”) with the Defendant under the former Pneumoconiosis Prevention Act (amended by Act No. 10304, May 20, 2010; hereinafter the same). However, on February 17, 2017, the Defendant rendered a decision on the payment of each site (hereinafter “each claim of this case”) on the ground that “the Plaintiffs did not constitute a case where the deceased’s body, etc. was cured, and thus cannot be deemed as subject to the determination of disability grade since they did not constitute a case where the deceased’s body, etc. was damaged,” and therefore, it is not subject to the payment of pneumoconiosis consolation benefits, and even if the disability grade at the time of the approval of the medical care as alleged by the Plaintiffs, it is possible to determine as a disability grade at the time of the approval of the medical care,
[Ground for Recognition] Unsatisfy, Gap evidence Nos. 1, 2 (including virtual number), Gap, or 1.