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(영문) 서울행정법원 2017.05.26 2016구단64855

장해급여부지급처분취소

Text

1. The Defendant:

A. On March 28, 2016, a disposition to pay a site for disability benefits rendered to Plaintiff A;

B. On December 30, 2015, Plaintiff B.

Reasons

1. Details of the disposition;

A. The Plaintiff A, C, D, and E were those who had been engaged in dusty work and were diagnosed as pneumoconiosis as indicated in the following table, and were under medical care due to a merger, and the networkF (the Plaintiff’s husband; hereinafter “the network”) was working in G Mining Complex and engaged in dusty work. The Plaintiff A, C, D, and E died on May 8, 2014 while being diagnosed as pneumoconiosis and receiving medical care due to a merger.

As a result of the determination of the name of the workplace on the date of the diagnosis of the disaster-related person, the business name of the company shall be determined as a result of the assessment of the name of the company A on April 16, 2009, the Tyang Industries (Pulyang Industries) 1/0 pulp tuberculosis F. 1/1 active pulmonary Tuberculosis F. 1/1 of the G Mining Center 1/1 on December 31, 1986, and 1/0 pulp tuberculosis F. 0 D on October 30, 2009, 1/00 active pulmonary Tuberculosis F. 1/00 of the Juldong mining industry (Jiju) of the Julyang-dong Industries (Yiju) of the Juldong Industries on October 30, 200 EF 0 E. 1/0 of the Muleung 200.

B. The Defendant, the Plaintiff A, C, D, and E filed a claim for disability benefits, and the Plaintiff B filed a claim for the unpaid insurance benefits (Disability Benefits) against the Deceased, but the Defendant is not “the case where the injury or disease was cured and has a physical disability, etc. after recovery,” which is the cause for disability benefits, each of the dispositions listed in Paragraph 1 of the Disposition.”

(c) The Plaintiffs filed a request for examination and reexamination against them, but all of which were dismissed. [Grounds for recognition] The Plaintiffs did not dispute, Gap evidence Nos. 1, 2, and 3 (including provisional numbers, and the purport of the entire entries and arguments Nos. 6 through 15).

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

A. The Plaintiffs’ assertion of pneumoconiosis is that even if it is impossible to completely recover due to modern medicine and has left the workplace where dust has occurred, it continues to proceed, and it is difficult to predict the degree of progress, unlike other injury and disease, the pneumoconiosis is paid disability benefits according to the pertinent disability grade without requiring treatment if it falls under the disability grade standard.