logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.06.16 2016구단51095
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. The Plaintiff, while working in Gyeong Construction Co., Ltd., claimed that pneumoconiosis has occurred due to dust generated at the construction site, etc., and filed an application for medical care benefits for pneumoconiosis.

B. On October 16, 2015, the Defendant issued a disposition that the Plaintiff does not pay pneumoconiosis insurance benefits because the Plaintiff was not entitled to pneumoconiosis insurance benefits, as the result of the examination conducted by the Green Hospital affiliated with the Kujin-gu Foundation by the Defendant Pneumoconiosis Review Committee (hereinafter referred to as the “Disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 to 6, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff asserted that the plaintiff had been diagnosed as having been exposed to dusts, etc. in the process of blasting and landing at the subway Corporation or the apartment construction site for a period of a few hundreds years, and the plaintiff was diagnosed as having been diagnosed as having a dusts (type 1/2) from the vocational environment department of the KatoTol University Seoul University, and thus, the plaintiff was a type 1, who falls under pneumoconiosis type 1 and falls under class 13 of the pneumoconiosis grade pursuant to attached Table 11-2 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, but was erroneous on the erroneous premise that the plaintiff's pneumoconiosis symptoms constitute symptoms (type 0/

B. (1) According to Article 83-2(1) [Attachment 11-2] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, in order to be eligible for pneumoconiosis insurance benefits, the pneumoconiosis type should be more than Type 1; whether the pneumoconiosis was affected and the progress of pneumoconiosis was determined by reading chest simple radiation images; and the classification of pneumoconiosis type should comply with the complete classification as prescribed by the International Labour Organization (ILO) Act on Cinematographic Video for Pneumoconiosis (2000).

(2) The Plaintiff is affiliated with the Film Foundation from July 30, 2015 to August 1, 2015.

arrow