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(영문) 부산지방법원 2016.05.25 2014구단20685
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. From July 199 to March 201, 201, the Plaintiff filed a medical care benefit application with the Defendant for pneumoconiosis symptoms.

B. On November 20, 2013, the Defendant rendered a disposition to grant medical care (hereinafter “instant disposition”) to the Plaintiff according to the result of deliberation by the Pneumoconiosis Review Board, F0 (normal).

C. The Plaintiff filed a petition for review against the Defendant on or around March 2014, but received a decision to dismiss the petition. The Plaintiff again filed a petition for review to the Industrial Accident Compensation Insurance Reexamination Committee, but was ruled dismissed on July 24, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion is recognized as subject of medical care under Article 83-2(1) and attached Table 11-2 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, the instant disposition against the Defendant, which rejected medical care for pneumoconiosis against the Plaintiff, shall be revoked as it is unlawful.

B. Medical opinion 1) The Seoul Asan Hospital (Written opinion of July 1, 201) diagnosed as pneumoconiosis (complication). The result of the organizational inspection conducted on the part of the rinderpulmonary leaves, which led to the observation of tuberculosis suspicions, and the commencement of tuberculosis medication from July 11, 201. (2) The deliberation by the Pneumoconiosis Review Board, which led to the deliberation of the Pneumoconiosis Review Board, is 0/0 of the pneumoconiosis type of the pneumoconiosis type and 0/0 of the Defendant’s simple chest photographs (am normal) of the Defendant’s advisory advice (OF 3 October 21, 2013), and accompanied by TbB (ambi). (4) The Plaintiff’s response to physical examination was accompanied by the physical examination of the Plaintiff - there is no particularly serious respiratory symptoms at present.

On February 4, 2005, at the time of hospitalization, the patient was hospitalized by bringing the patient's blood to his/her address.

It is judged that there is a concern that the co-sexual disease and non-fluoral fluoral infections of the depression that are suspected of recurrence of tuberculosis, and that there is a view of pneumoconiosis symptoms diagnosed by the Seoul Asan Hospital.

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