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(영문) 서울행정법원 2018.12.07 2018구단53125

미지급 장해급여 및 장해위로금 부지급 처분 취소

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1. On November 27, 2017, the Defendant rendered a disposition of unpaid disability benefits and disability compensation benefits to the Plaintiff.

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) is a person who has been engaged in dusty work in Ctane and is receiving a diagnosis of pneumoconiosis as listed below.

On June 21, 2010, the death died.

As a result of the diagnosis of pneumoconiosis as a result of the diagnosis date, the cardiopulmonary pulmonary tuberculosis of Type 1 on June 19, 2002 - Subject to medical care.

B. The plaintiff, a spouse of the deceased, is the deceased as above A.

If the medical care was approved as described in the paragraph, at the time of the occurrence of pneumoconiosis and cardiopulmonary function, the Defendant filed a claim against the Defendant for payment of unpaid disability benefits and disability consolation benefits corresponding to the above disability grade, but the Defendant did not accept the Plaintiff’s claim on November 27, 2017, on the ground that the following disposition was taken:

(hereinafter “each disposition of this case”). [In the case of a claim for unpaid disability benefits, the extinctive prescription period of three years has elapsed since the deceased obtained approval for medical care.]

(2) Pneumoconiosis type I as at the time approval for medical care was granted, and no disability grade standard has been established for persons whose cardiopulmonary function was normal.

In this case, the provision that grants a disability grade (class 13) was newly established on July 1, 2003 by the Enforcement Rule of the Industrial Accident Compensation Insurance Act.

[A claim for unpaid disability compensation benefits] (1) Disability compensation is paid to an employee who is the subject of disability benefits, and the deceased not only failed to meet the disability grade standards but also the deceased's right to claim disability compensation has expired by prescription.

(2) The three-year extinctive prescription period shall expire from the time the deceased obtained approval for medical care.

【Fact-finding without a dispute over the grounds for recognition, entry in each 9 of Gap evidence 1 through 4, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

(a) The details of the relevant statutes are as shown in the attached statutes;

B. In the case of a disposition of site disability benefits for unpaid disability benefits, Article 57(1) of the Industrial Accident Compensation Insurance Act provides that "the disability benefits shall be paid to workers on duty.