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(영문) 서울행정법원 2015.04.16 2014구단57075
진폐보험급여부지급처분취소
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. From April 9, 1995, the Plaintiff filed an application for medical care benefits for pneumoconiosis with the Defendant as a person who had worked as a mining source in the Taebae Mining Center for about 17 years.

B. From June 16, 2014, the Defendant

6. By the 18th day, B hospital conducted a precise diagnosis of pneumoconiosis against the Plaintiff.

C. On September 5, 2014, the Defendant issued a disposition to pay pneumoconiosis insurance benefits installment (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s pneumoconiosis type was normal (0/0) and cardiopulmonary function (F0), following a review by the Pneumoconiosis Review Board.

[Judgment of the court below] The ground for recognition is without dispute, Gap evidence 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On October 2, 2014, the Plaintiff’s alleged character toTol University and the director of the Seoul Exemplary Hospital’s department diagnosed the Plaintiff’s pneumoconiosis type No. 1 (1/0) based on the Plaintiff’s chest radiation photographs. As such, the Defendant should determine the Plaintiff’s pneumoconiosis type No. 1 and pay the Plaintiff the pneumoconiosis medical care benefits.

(b) The attached Form of relevant statutes is as follows.

C. (1) According to Article 83-2(1) [Attachment Table 11-2] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, in order to fall under the subject of pneumoconiosis insurance benefits (health benefits for pneumoconiosis compensation annuities, complications, etc.), the type of pneumoconiosis must be at least one type. The determination of whether pneumoconiosis has occurred and the progress of pneumoconiosis has occurred shall be made by reading a chest simple radiation image, and the classification of pneumoconiosis type C shall be based on the complete classification as prescribed by the International Labor Organization (ILO) Act (ILO).

(2) According to the result of this court’s medical record appraisal, the Plaintiff’s pneumoconiosis type was diagnosed as having medical symptoms (0/1) on the basis of chest radiation photographs taken at the hospital B and the Katol University Seoul National University Hospital.

The degree of suffering from pneumoconiosis and the progress of pneumoconiosis shall be determined by the Pneumoconiosis Review Committee by reading a simple radiation image of chests.

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