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red_flag_2(영문) 서울고등법원 2018. 4. 5. 선고 2017누82514 판결

[미지급보험급여부지급처분취소][미간행]

Plaintiff, Appellant

Plaintiff (Attorney Seo-soo et al., Counsel for plaintiff-appellant)

Defendant, appellant and appellant

Korea Labor Welfare Corporation

Conclusion of Pleadings

March 8, 2018

The first instance judgment

Seoul Administrative Court Decision 2017Guhap50287 decided October 20, 2017

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Purport of claim

On July 12, 2017, the Defendant revoked the disposition of site payment for unpaid insurance benefits against the Plaintiff.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for adding "This Court" to "Seoul Administrative Court" at the 3rd bottom of the judgment of the court of first instance, "If the worker leaves a workplace where it is impossible to completely recover from pneumoconiosis due to modern medicine, it is difficult to expect the progress, while it is difficult to predict the degree of progress, and the specific disability grade is determined only after the specific procedure for determination, such as the review by the Pneumoconiosis Review Committee," and therefore, it is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Since the judgment of the first instance is justifiable, the plaintiff's appeal is dismissed as it is groundless.

Judges gate Charter (Presiding Judge)