beta
(영문) 서울행정법원 2018.07.26 2018구단63450

장해급여부지급처분취소

Text

1. Each of the disability benefits payment dispositions rendered by the Defendant against each Plaintiff A and B on July 11, 2017, and against Plaintiff C on October 11, 2017.

Reasons

1. Details of the disposition;

A. The Plaintiffs are workers under medical care with medical care approval obtained from the Defendant after receiving the following determination results in the close examination conducted at a hospital, etc. after having worked or retired as mining source in the coal mine.

As a result of the determination of the workplace name diagnosis institution of the date of the diagnosis, the business name diagnosis institution of the date of the diagnosis has found the cardiopulmonary function of pulmonary disease confluence A, A on February 3, 1998, the Korea Coal Corporation DD Hospital 1/0 chest 1/0 chest infection, non-activity pulmonary tuberculosis B on March 24, 1998, " " 1/1 activity-pulmonary tuberculosis C on December 26, 1984, EF mining center 1/1 activity-pulmonary tuberculosis Co., Ltd.

B. Around the time when the plaintiffs received the determination of the above list, a person with a type of pneumoconiosis was not eligible for disability benefits under the former Industrial Accident Compensation Insurance Act, and thereafter, Article 57 [Attachment 5] of the former Enforcement Rule of the Industrial Accident Compensation Insurance Act (amended by the former Industrial Accident Compensation Insurance Act (hereinafter referred to as the “former Industrial Accident Compensation Insurance Act”) (hereinafter referred to as the “Rules of this case”) provides that “a person with no cardiopulmonary function and with whom a type of pneumoconiosis has been determined as having been determined as having Type 1” falls under Grade 13 of the disability grade, and Article 3 (3) of the Addenda thereto (hereinafter referred to as the “the Addenda Clause of this case”) provides that “The above amended provisions apply to a disability for which treatment is terminated after the enforcement of these Rules or for which the degree of disability has been determined as prescribed in Article 52(2).”

C. Plaintiff A and B filed a claim for disability benefits with the Defendant on March 22, 2017, and Plaintiff C on September 7, 2017. On July 17, 2017, the Defendant rendered a decision on each site payment (hereinafter “each of the instant dispositions”) to Plaintiff C on October 12, 2017 on the ground that the period of extinctive prescription expires due to the Plaintiff’s failure to meet the disability standard and the completion of the extinctive prescription period.

The plaintiffs filed their respective requests for review with the defendant, but they filed their respective requests for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the plaintiffs A and B filed their respective requests for reexamination from the Industrial Accident Compensation Insurance Reexamination Committee.