장해급여 및 장해위로금 부지급 처분 취소
1. Revocation of the first instance judgment.
2. Disability benefits and disability benefits provided by the Defendant against the Plaintiff on November 27, 2017.
1. The reason why this part of the disposition is used by the court is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether each of the dispositions of this case is legitimate
A. The Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) and its Enforcement Rule and Enforcement Rule at the time when the Plaintiff asserted the type 1 of pneumoconiosis was diagnosed as the type 1 (hereinafter “Industrial Accident Compensation Insurance Act”), did not have a disability grade standard corresponding to the Plaintiff. However, on July 1, 2003, the Enforcement Rule of the Industrial Accident Compensation Insurance Act was amended and implemented, and there was no cardiopulmonary function disorder as the Plaintiff (F0) if the pneumoconiosis type was Type 1, the criteria for granting disability grade 13 was newly established.
Since the enforcement rules of the above amended Industrial Accident Insurance Act also apply to the Plaintiff, each of the dispositions of this case made on different premise is unlawful.
(B) The Defendant withdrawn the part on the ground of the completion of extinctive prescription among the grounds for each of the dispositions in this case.
It is as shown in the attached Form of relevant statutes.
C. Determination 1) The criteria for determining disability benefits and disability benefits are, in principle, interpreted as a case where an employee completely recovers from occupational injury or disease after completely treating the injury or disease, i.e., where the treatment of the injury or disease is completely cured, or where the treatment of the injury or disease is no longer expected, and where the symptoms thereof are fixed (see, e.g., Supreme Court Decision 2004Du14977, Apr. 29, 2005). However, even if the pneumoconiosis symptoms were to be completely cured due to modern medicine and it is difficult to predict the degree of progress.
Unlike any other ordinary injury or disease, when the pneumoconiosis falls under the criteria determined by the disability grade standard under the Industrial Accident Insurance Act, the industrial accident insurance-related Acts and subordinate statutes also consider the above characteristics of the pneumoconiosis.