진폐요양불승인처분취소
1. The Defendant’s disposition of non-approval of pneumoconiosis medical care rendered on September 28, 2012 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. After the Plaintiff engaged in dusty work from 1991 to 1995, the Plaintiff filed an application for medical care benefits for pneumoconiosis with the Defendant upon diagnosis of pneumoconiosis symptoms on July 2012. Accordingly, the Defendant’s non-approval of the said application (hereinafter “instant disposition”) on September 28, 2012 on the ground that the result of the examination by the Pneumoconiosis Review Board was a certificate (0/1), does not conflict between the parties, or is recognized as the statement of evidence A.
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion: The Plaintiff’s assertion falls under the type 2 of pneumoconiosis (2/1) and the type 2 of pneumoconiosis as a result of chest X-ray and CT test conducted at the Gatol Seoul National University Hospital, and thus, the instant disposition is unlawful.
(b) Relevant Acts and subordinate statutes: To be listed in attached Form;
C. 1) In full view of the aforementioned evidence, the following facts and medical opinions can be acknowledged in light of Gap evidence Nos. 2 through 5, Eul evidence Nos. 1 through 4, the record of this court’s request for the examination of medical records to the Seoul Trisung Hospital, the fact inquiry results to the Seoul Trisung Hospital, and the overall purport of the arguments as to the fact inquiry results from the fact inquiry. (A) From around 1974 to September 195, the plaintiff engaged in dusty work as a mining unit in the oil production company, B, and C mining center, etc.
B) The Plaintiff filed an application for the medical care benefits for pneumoconiosis with the Defendant in 2008, but around September 2008, the medical corporation had been judged as a result of the precise diagnosis at the Synsan Hospital (0/1). Around August 2012, the Plaintiff filed an application again, but received the instant disposition from the Defendant after being judged as a result of the precise diagnosis at the Synsan Industrial Hospital (0/1). (c) Medical opinion was rendered by the Defendant on October 29, 2012, based on the Plaintiff’s occupational X-ray and CTT test at the court’s appraisal (2/1) (the Seoul CG pulmonary Hospital and E) (0/1), and the fact inquiry was conducted on February 8, 2013 by each of the appraisal parties (0/1) and each of the appraisal parties on September 21, 2014 and September 24, 2014: