logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.03.26 2014구단58849
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 December 1, 1982 to October 31, 1984, the Plaintiff (1944 Plaintiff) filed an application for medical care for pneumoconiosis with the Defendant, as an employee who had been engaged in dusty work in Btan mine from December 1, 1982 to October 31, 1984.

B. From July 29, 2014, the Defendant

7. By the end of 31.3, the Bosia Hospital conducted a precise diagnosis of pneumoconiosis with the Plaintiff.

C. On October 13, 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.

【Unsatisfy-founded facts, Gap evidence 1 and 3, and Eul evidence 1】

2. Whether the instant disposition is lawful

A. On July 31, 2014, at the Bosia Hospital which conducted a precise diagnosis of pneumoconiosis with the Plaintiff’s assertion, the Plaintiff’s pneumoconiosis type No. 1 (1/0) was diagnosed as the Plaintiff’s pneumoconiosis type No. 1 (1/0). As such, the Defendant should determine the Plaintiff’s pneumoconiosis type No. 1, and pay the Plaintiff

(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) However, according to the result of this court’s medical record appraisal, the medical record appraisal of the Seoul National University’s film is based on the Plaintiff’s chest radiation photograph taken at Bosasan Hospital, and it is found that the disease of pneumoconiosis was suspected of having corresponded to symptoms (1/0).

The degree of suffering from pneumoconiosis and the progress of pneumoconiosis is simple scarcity.

arrow