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(영문) 서울행정법원 2015.09.03 2015구단50170

진폐보험급여부지급처분취소

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 filed an application for medical care benefits for pneumoconiosis with the Defendant, who had been engaged in coal and digging operations for the period from January 2, 1983 to May 20, 194 in the Gangwon Coal Mining Co., Ltd.

B. From November 4, 2014 to November 6, 201 of the same year, the Defendant issued a precise diagnosis with the Plaintiff on December 23, 2014, on the ground that the Plaintiff’s pneumoconiosis type falls under normal conditions (0/0) and cardiopulmonary function (F0), following a review by the Pneumoconiosis Review Board, the Defendant issued a disposition to pay pneumoconiosis insurance benefits installment (hereinafter “instant disposition”).

[Ground for recognition] The fact that there is no dispute, entry of Gap evidence 1, purport of whole pleading

2. Whether the instant disposition is lawful

A. Inasmuch as the Plaintiff’s claim character toTol University was diagnosed as having the Plaintiff’s pneumoconiosis type No. 1 (1/0) due to a simple chest radiation test conducted on January 5, 2015 at the Seoul Exemplary Hospital, the Defendant should determine the Plaintiff’s pneumoconiosis type No. 1 and pay the Plaintiff the pneumoconiosis medical care benefit.

(b) Medical opinion: (i) the diagnosis conducted on September 24, 2014 by the Korea Workers' Compensation and Welfare Service on the date of the diagnosis conducted on September 24, 2014 - Pneumoconiosis type C: the diagnosis conducted on January 5, 2015 at the normal (0/0); - Pneumoconiosis type C: (i) the result of the diagnosis conducted on January 5, 2015 at the Gancheon University Hospital; (ii) the result of the request for the diagnosis of the medical records on the head of the Gancheon University Hospital; (iii) the result of the request for the examination on the medical records on the head of the Gancheon University Hospital; (iv) the result of the request for the examination on the medical records on the head of the Gancheon University Hospital; (v) the result of the diagnosis conducted on the head of the Gancheon University Hospital; and (v) the purport of the overall pleadings as a result of the request for the examination on the medical records on the head of the Gancheon University Hospital; and

C. (i) Health examinations for diagnosis of pneumoconiosis under the Industrial Accident Compensation Insurance Act.