진폐보험급여부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, who had been engaged in dusty work while working in the Mining Center B for 39 years, applied for pneumoconiosis insurance benefits to the Defendant.
B. On September 28, 2016, the Defendant rendered a disposition at the site level of pneumoconiosis insurance benefits (hereinafter “instant disposition”) to the Plaintiff according to the result of deliberation by the Pneumoconiosis Review Board, which read “Madiopulmonary (0/1) and cardiopulmonary (F0).”
[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion falls under the type 1 of pneumoconiosis disease type, and thus, the Defendant’s disposition of this case based on a different premise is unlawful.
B. In light of the fact that the result of the medical record appraisal entrustment to the head of the Seoul Hospital at the Macheon-do University of this Court, that is, the appraisal presented the Plaintiff’s medical opinion that “the type of pneumoconiosis: symptoms of pneumoconiosis, cardiopulmonary function: F0 (normal) and pneumoconiosis grade: No. 3 alone, it is not sufficient to recognize that the Plaintiff’s pneumoconiosis disease type constituted Type 1 or more, and there is no other evidence to prove otherwise.
Therefore, the instant disposition is lawful.
3. The plaintiff's claim is dismissed as it is without merit.