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(영문) 서울행정법원 2016.04.20 2015구단56727

요양불승인처분취소

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. On June 18, 2014, the Plaintiff asserted that the instant injury and disease occurred due to his/her duties around November 5, 2014, as an employee who was engaged in coal and digging operations for about 12 years at the Seongbuk Mining Center, and was diagnosed as a chronic closed disease (hereinafter “instant injury and disease”), and filed an application for medical care benefits with the Defendant.

B. On April 22, 2015, the Defendant issued the instant disposition to the Plaintiff on the ground that “the instant disposition below the instant disposition” on the ground that the Plaintiff’s failure to grant medical care was confirmed to the Plaintiff on the ground that “the primary rate of the first half, which is not less than 70% of the primary rate for the volume of efforts to abolish the work after administering the engine expansion system in the waste function performed by the Ansan Hospital on February 10, 2015, is more than 71%, and it is not recognized as an occupational disease because it does not comply with the standards for the diagnosis of chronic closed diseases

[The facts that there is no dispute over the basis for recognition, the entries in Gap 1, 2, and 4, and the purport of the whole pleadings.]

2. Whether the disposition is lawful;

A. The Plaintiff asserted that, while engaging in coal and digging operations for about 12 years, the Plaintiff was exposed to coal dust, etc. with a long-term high concentration, and returned to the instant injury and disease. On June 18, 2014, the Plaintiff was diagnosed as the instant injury and disease as a result of the pulmonary function test conducted by a medical corporation in 00 hospitals.

Therefore, the defendant's disposition of this case made on a different premise is unlawful.

B. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 5, 2, and 6 of the judgment of the court below, the injury and disease of this case is acknowledged as follows: “The first instance rate (FEV1/FVC) less than 70% after the operation of the fEV1/FVC in a closed active quantity test is less than 80%, and 1 second (FEV1) is less than 80% of the normal predicted value.”

According to the records of evidence evidence Nos. 2 and 3, and evidence Nos. 8, the first first rate after the operation of an engine expansion system by the medical corporation of the plaintiff on Jun. 18, 2014 as the result of the booming activity test conducted by the medical corporation of the plaintiff on June 18, 2014 is 66%, the first second rate is 69%, and the second rate is 69%, and the institution expansion system is the result of the breaum activity test conducted by the Korea Workers' Compensation and Welfare Service of the plaintiff on Jan. 21, 201