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(영문) 서울행정법원 2019.05.23 2018구단67865

미지급보험급여부지급처분취소

Text

1. On July 6, 2017, the Defendant’s disposition to pay unpaid insurance benefits to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband B (hereinafter “the deceased”) was diagnosed on February 23, 2005 as a person who had been engaged in dusty work in the amount of 20 years and 20 months, such as working as a mining source in a stock company C, etc., and was diagnosed for the first pneumoconiosis (1/0 type), and received the diagnosis and disability grade as follows.

Mac-type C/W 2/0 tbb on May 23, 2001, 201 - 0/1 Tbb on October 30, 2003, t F1/2 (M) on February 23, 2005 - Grade 13/12 on May 22, 2006, Grade 13/2 B 12 on May 22, 2006, Grade 13/2 B 13 B B 12 on September 6, 2007, Grade 10 B 1/1 Tb 2/1 Tb 10 on September 23, 2009, Grade 11/10 on February 23, 2009, Grade B 2/12 B tb 1/10 on July 1, 201 (M) on January 21, 2012

B. On September 21, 2015, the Deceased received a health examination for retired workers and applied for the medical care to the Defendant. From October 20, 2015 to October 22, 2015, the Deceased received a precise diagnosis for pneumoconiosis (hereinafter “detailed diagnosis for pneumoconiosis of this case”).

On January 25, 2016, after deliberation by the Pneumoconiosis Deliberation Committee based on the above diagnosis results, the Defendant decided to approve the medical care for the Deceased as “mick type of pneumoconiosis: Type 2 (2/1) and Matern Tuberculosis: Activity-pulmonary Tuberculosis.” Based on the above diagnosis results, the Defendant maintained the existing 11th class 16.

(hereinafter “Prior Disposition”). C.

In accordance with the determination of the above medical care, the deceased died on March 2, 2017 as “direct death - parodivosis, middle-line event - disposal - first-class death - pneumoconiosis.”

On June 22, 2017, the Plaintiff: (a) at the time of the diagnosis of pneumoconiosis in this case, the deceased’s cardiopulmonary function was F2 (Aggravated Disability); (b) but (c) at the time of the diagnosis of pneumoconiosis in this case, the deceased’s disability grade was determined as class 11 and 16 by omitting its judgment; (d) the deceased’s pneumoconiosis disability grade reflecting the degree of cardiopulmonary function was determined as class 3; and (e) the deceased’s pneumoconiosis disability grade reflecting the degree