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(영문) 서울고등법원 2015.11.26 2015누44402

진폐요양불승인처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance that cited this case is identical to the part of the reasoning of the judgment of the court of first instance, except for the dismissal as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

After the judgment of the first instance court 2 pages 7, the phrase “for the reason that the Plaintiff’s closure does not constitute pneumoconiosis entitled to medical care benefits.”

(b)For the first instance court Decision 2, the following three categories “FEV1” added the “ordinary predicted value.”

(c) 4 pages 1 of the first instance court Decision, 194 ..... ... .... .... .... .... and ... .... ......

The following shall be added to 8 pages 4 of the first instance judgment:

In addition, according to the above provisions, in the case of the symptoms of pneumoconiosis (mal-type 0/1), the medical care benefits can be paid only when the active tuberculosis occurs due to the combination thereof. However, there is no evidence to acknowledge that the Plaintiff’s pulmonary tuberculosis has occurred due to the combination of pneumoconiosis symptoms. Therefore, the Plaintiff’s pulmonary tuberculosis cannot be deemed as a beneficiary of medical care benefits. Accordingly, the instant disposition to the same purport is lawful.

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.