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(영문) 서울행정법원 2014.12.04 2013구단8274
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 July 22, 1974 to June 22, 1990, the Plaintiff: (a) received a diagnosis of “harm symptoms” from Tolon Seoul University Hospital around August 2012; and (b) filed an application for medical care benefits with the Defendant.

B. On November 5, 2012, the Defendant issued a site payment disposition for pneumoconiosis insurance benefits (hereinafter “instant disposition”) to the Plaintiff on the basis of the determination that the Plaintiff’s “mick-type 0/1 (Perjury) and cardiopulmonary injury” following a close diagnosis with the Plaintiff.

C. The Plaintiff filed a request for examination, but the Defendant dismissed the request on January 16, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap's evidence 1, Gap's evidence 2, Gap's evidence 6, Gap's evidence 8-4 and 5, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff’s assertion was against the disposition of this case made on a different premise, even though the Plaintiff worked as a luminous part in C from the University Coal Corporation for 16 years of 16 years of 15 years, and was under enormous impediment in daily life due to chronic chest pains, ruptures, closure, etc. after his retirement. As a result of the diagnosis conducted by the Gatol University Seoul Mother Hospital at the Gatol University (HRCT), X-ship and the high sea level lupe type 1 (1/1) of pneumoconiosis type.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. (i) Medical opinion (i.e., five times from January 20, 204 to March 23, 201: Medical opinion: both verifications (0/1) and cardiopulmonary function normal conditions, Sheet Seoul National University Child Hospital’s opinion on pneumoconiosis health examination as of September 25, 2012 - density: 1/0, and p/s and shape/scale of noise :p/s and size of noise - The diagnostic name related to the work of April 1, 2013 of the P/S Seoul National University Child Hospital’s P/S Matern Hospital’s Manitha ( pneumoconiosis) - The medical examination name: The medical examination name: H/s, 1/0, and 6lungs, taken from the source, was confirmed by the flus (p/s, 1/0, and 6lungs). However, it was determined by the Service as pneumoconiosis.

The part of HCRT confirmation is whether or not pneumoconiosis is proven.

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