진폐보상연금부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff was engaged in dust dust work in coal mines, and the Defendant filed a claim for pneumoconiosis compensation annuity with the Defendant, but the Defendant conducted a precise diagnosis of pneumoconiosis with the Plaintiff from May 20, 2013 to the 22th day of the same month, and on June 14, 2013, issued a site pay disposition on the ground that the Plaintiff’s symptoms constitute “mick-type (0/1): (a) the Plaintiff’s symptoms constitute “mick-type (0/1),” and (b) the Plaintiff filed a claim for the second pneumoconiosis compensation annuity for the same reason on April 21, 2014, but the Defendant issued a site pay disposition (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, Gap 1-3 evidence
2. Whether the disposition is lawful;
A. The Plaintiff’s pneumoconiosis type of the Plaintiff’s assertion falls under Type 1, and thus, the instant disposition taken on a different premise should be revoked as it is unlawful.
B. For the diagnosis of pneumoconiosis under the Industrial Accident Compensation Insurance Act, it is necessary to examine the pneumoconiosis review committee on the result of the health examination. The determination of the type of pneumoconiosis of the worker in question, whether there exists a merger, and the degree of cardiopulmonary function of the worker in question shall determine whether to pay medical care benefits
According to the Enforcement Decree of the same Act, the determination of pneumoconiosis and the determination criteria for insurance benefits, as well as the progress of pneumoconiosis shall be determined by reading a chest simple radiation image, and in order to constitute a pneumoconiosis disability grade with which a pension is entitled, at least the type of pneumoconiosis shall be at least the type of pneumoconiosis, and in cases where the type of pneumoconiosis is merely an increase in the type of pneumoconiosis, pension shall not be paid.
C. It is insufficient to recognize that the Plaintiff’s pneumoconiosis disease type constituted more than Type 1 solely with the written evidence No. 3, and rather, in light of the result of the Plaintiff’s request for the medical record appraisal as to the Mayor of the Seoul Hospital (Cinematographic Medical Department), it is reasonable to deem that the Plaintiff’s pneumoconiosis disease type constitutes a medical certificate.
Therefore, the defendant's disposition of this case is legitimate.