진폐보험급여부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was engaged in dusty work at the Korea Coal Corporation Korea Coal Corporation and applied for medical care benefits for pneumoconiosis to the Defendant.
B. On April 14, 2015, the Defendant rendered a disposition to pay the site price of pneumoconiosis insurance benefits to the Plaintiff according to the result of deliberation by the Pneumoconiosis Deliberation Committee [the pneumoconiosis-type (0/0), and the cardiopulmonary function (F0)];
C. The Plaintiff filed a request for examination with the Defendant on July 2015, but was dismissed on November 26, 2015, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination, but was dismissed on November 26, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was unlawful in the instant disposition based on a different premise, where the noise level density was determined as 2/1 as the result of the inspection conducted by B from January 12, 2015 to January 14, 2015 by B, but the pneumoconiosis level was determined as 2/1.
B. According to the Plaintiff’s chest image of the medical opinion, it does not seem that there is an aesthetic and strawing to suspect pneumoconiosis on both sides.
There are several agreements and fibers on the left-hand upper-hand side and the right-hand side attachment, and these opinions are thought to have a high possibility of pulmonary disease in relation to the past pulmonary tuberculosis in Korea.
In addition, there are some opinions suspected of the non-explosive or small machinery expansion of the flag wall on both sides, and the upper part of the right side is accompanied by the biberization of fiber on the upper part.
According to the opinion of chest image, the Plaintiff's pneumoconiosis type falls under pneumoconiosis symptoms (0/0 of noise density).
[Reasons for Recognition] The result of the examination of medical records on the director of the Seoul Hospital at the Macheon National University
C. In full view of the purport of the entire arguments on the records of medical examination of the head of the Seoul Hospital at the time of this court’s judgment, the court’s appraisal of the Plaintiff’s medical records is stipulated in the Enforcement Decree of the Industrial Accident Compensation