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(영문) 서울행정법원 2015.05.15 2014구단55420

진폐요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, who was engaged in dusty work while working in Dong and Dong, and B, applied for medical care benefits for pneumoconiosis to the Defendant.

B. From April 29, 2014, the Defendant

4. The result of the precise diagnosis of pneumoconiosis conducted until July 30, 2014 (hereinafter “instant disposition”) (based on the result of the deliberation by the Pneumoconiosis-type circumstances (0/0), the cardiopulmonary function (F0), and the Pneumoconiosis Review Council (hereinafter “the instant disposition”). < Amended by Act No. 1251, Jul. 14, 2014>

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On August 4, 2014, the Plaintiff’s assertion was diagnosed as a type 1 (p/p, 1/1, 6 Lungungzone) pneumoconiosis disease type as a result of a simple chest radiation test conducted by the Atol University Seoul Epia Hospital. The Plaintiff’s assertion was confirmed in high-sea computers (CT) photographs that are suitable for pneumoconiosis symptoms.

Therefore, the defendant's disposition of this case on a different premise is unlawful.

B. (1) Determination of medical opinion (A) - The progress of the Plaintiff’s pneumoconiosis symptoms in the medical record is determined as pneumoconiosis symptoms (0/1).

- In light of the cardiopulmonary function, the Plaintiff seems not to fall under the disability prescribed by the law, since the Efforts dose (FVC) or daily radiation dose (FEV1) is at least 80% in the pulmonary function test.

- In chest CT, a small fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluorals, there is a small 1-2m degree of 1-2m on both sides of the abolition, which is likely to cause pneumoconiosis, but in the chest X-fluoral examination, such a fluoral fluoral fluoral flu

- The criteria of the International Labor Organization (ILO) for the classification of pneumoconiosis types are not for diagnosis as to whether a patient is suffering from pneumoconiosis, but for image study of pneumoconiosis symptoms.