진폐보험급여부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff applied for pneumoconiosis insurance benefits to the Defendant, who had been engaged in dusty work while working for approximately one year and ten months in Bhulle for approximately one year.
B. On July 14, 2014, the Defendant rendered a disposition at the site level of pneumoconiosis insurance benefits (hereinafter “instant disposition”) to the Plaintiff according to the result of deliberation by the Pneumoconiosis Review Committee, which read “Madiopulmonary (0/1) and cardiopulmonary (F0).”
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the Plaintiff’s assertion falls under the type 1 of pneumoconiosis disease type, the Defendant’s disposition of this case based on a different premise is unlawful.
B. In light of the fact that the appraisal of the Seoul National University Hospital head of this court and the Seoul National University Head of the Seoul National University Hospital is judged to have caused pneumoconiosis (0/1) through normal (0/00) as a result of the examination of each medical record with respect to the Plaintiff, as recognized in the result of the examination of the examination of the medical record, it is not sufficient to recognize that the Plaintiff’s pneumoconiosis type constitutes Type 1 or more solely on the basis of the written evidence No. 3-1 through No. 4, and the result of the examination of the medical record with respect to the head of the Korea National University Hospital Head of this
(The plaintiff applied for a fact-finding inquiry on the appraisal to the effect that the results of chest CT should be taken into account in determining the type of pneumoconiosis, and thus, the health team, chest CT is more favorable to the discovery of the scarcity, the accurate distribution of the scarcity, and the specialization of the scarcity as much as the scarcity radiation. However, Article 91-8(1) and (2) of the Industrial Accident Compensation Insurance Act, Article 83-2(1) [Attachment 11-2] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and Article 83-2(1) [Attachment 1-2] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall be determined by reading a chest simple radiation image and the progress of pneumoconiosis.