2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff engaged in dusty work, such as coal and digging for about 17 years in B, and filed an application for medical care benefits for pneumoconiosis symptoms with the Defendant.

B. On March 10, 2017, the Defendant rendered a disposition to deny the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”) on the ground that “the Plaintiff’s pneumoconiosis type 0/1, the cardiopulmonary function is accompanied by 01 (e.g., light disability) and tbi.,” based on the result of the Pneumoconiosis Review Board’s review.

C. The Plaintiff, who was dissatisfied with the instant disposition, filed a request for review to the Defendant, but dismissed.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3 (including virtual numbers), Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. According to the diagnosis results by C hospital and Gatol University Seoul Escar Hospital against the Plaintiff’s assertion, the Plaintiff’s pneumoconiosis type falls under at least 1/1, and there are minor disabilities in cardiopulmonary function, thereby falling under class VII of the Pneumoconiosis disability grade. However, the Defendant rendered the instant disposition based only on the opinion of the Pneumoconiosis Review Board and advisory opinion. The instant disposition should be revoked as unlawful.

B. Determination 1) Article 83-2(1) [Attachment Table 1-2] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) which provides the criteria necessary for the determination of pneumoconiosis upon delegation of the latter part of Article 91-8(1) of the same Act, provides that “Criteria for determining the degree of cardiopulmonary function and cardiopulmonary function, criteria for determining pneumoconiosis disability grade, criteria for recognition of pneumoconiosis disability grade, and the degree of progress of pneumoconiosis shall be determined by the reading of chest simple radiation, and the classification of pneumoconiosis caused by chest simple radiation image shall be in accordance with the International Labour Classification (ILO) of the International Labor Organization (ILO).

According to the above provisions, in order to be granted a pneumoconiosis disability grade, at least the type of pneumoconiosis should fall under the type 1, and it is recognized as a beneficiary of medical care due to merger, etc.