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(영문) 서울행정법원 2021.01.27 2020구단53494

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. The Plaintiff (B) performed the work of collecting coal in C mining stations from 1962 to 1964, the work of collecting coal from D coal from December 1964 to December 1967, and the work of collecting coal and digging in E mining stations from January 1, 1971 to March 1974.

B. On August 19, 2016, the Plaintiff received a diagnosis of COD’s chronic closed disease (COD) at F Hospital, and applied for medical care benefits to the Defendant on August 25, 2016. However, on June 26, 2017, the Defendant rendered a disposition not to grant medical care (hereinafter “the previous disposition”).

(c)

On September 20, 2018, the Plaintiff was diagnosed as “COD (COD)” (hereinafter “the instant injury”). On October 24, 2018, the Plaintiff applied for medical care benefits again to the Defendant. However, on November 19, 2019, the Defendant did not have a relation with a considerable causal relationship between the Plaintiff’s duties and the instant injury branch, taking full account of the following: (a) the Plaintiff performed coal and digging operations in the mining station from August 19, 1962 to August 2, 2019 against the Plaintiff; (b) the Plaintiff had been engaged in 35 or more years from the final dust; (c) performed high density exposure operations, but the exposure period was not long.

“The instant disposition was rendered for non-approval of medical care (hereinafter “instant disposition”).

【Non-contentious facts, Gap evidence Nos. 1 and 2, Gap evidence Nos. 3-1, Eul evidence Nos. 1, 4 and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was exposed to a large quantity of dusts while working in the mining center, etc. for a long time. As a result of the special diagnosis, the Plaintiff met the standard for diagnosis of the injury and disease of this case, and thus, there is considerable relation to the Plaintiff’s duty

The defendant's disposition of this case, which is different from this premise, should be revoked.

B. 1) The disease that is an occupational accident under the Industrial Accident Compensation Insurance Act refers to a disease that is caused by the worker’s work while performing his/her duties.