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(영문) 서울행정법원 2018.08.30 2018구단67001
장해급여부지급처분취소
Text

1. The Defendant: (a) to Plaintiff A on July 27, 2017; (b) to Plaintiff B on May 30, 2017; and (c) to Plaintiff C and D on June 13, 2017; and (c) to Plaintiff C and D on August 22, 2017.

Reasons

1. Details of the disposition;

A. The Plaintiffs are workers under medical care with medical care approval obtained from the Defendant, at the close examination conducted by a hospital, etc. after having worked or retired as a mining source in the coal mine, after having received the following determination results:

As a result of the determination of the workplace name diagnosis institution of the date of the diagnosis, D on August 25, 2008, including the 1/1 activity-based pulmonary Tuberculosis of the Korea Coal Corporation HH Hospital of the Korea Coal Corporation on September 17, 2001, the expansion of 1/0 agencies of the Ixan J Hospital on August 27, 2002, C, on February 18, 2002, 1/0 activity-based pulmonary Tuberculosis, etc. of the K private North Korean Mining Center of the Korea-Uistan on July 2, 2008, such as the 1/0 activity-based pulmonary Tuberculosis of the JH Hospital of the L Transfer Mining Corporation, the 1/0 activity-based 0 activity-based pulmonary Tuberculosis E on November 25, 2002, M& 1/0 activity-based pulmonary Tuberculosis of the Korea Coal Corporation of the Korea Coal Corporation of the Korea Coal Corporation of the 1/0 activity-based 1/00 organ G.

B. Around the time when the plaintiffs received the determination of the above list, a person with a type of pneumoconiosis was not eligible for disability benefits under the former Industrial Accident Compensation Insurance Act, and thereafter, Article 57 [Attachment 5] of the former Enforcement Rule of the Industrial Accident Compensation Insurance Act (amended by the former Industrial Accident Compensation Insurance Act (hereinafter referred to as the “former Industrial Accident Compensation Insurance Act”) (hereinafter referred to as the “Rules of this case”) provides that “a person with no cardiopulmonary function and with whom a type of pneumoconiosis has been determined as having been determined as having Type 1” falls under Grade 13 of the disability grade, and Article 3 (3) of the Addenda thereto (hereinafter referred to as the “the Addenda Clause of this case”) provides that “The above amended provisions apply to a disability for which treatment is terminated after the enforcement of these Rules or for which the degree of disability has been determined as prescribed in Article 52(2).”

C. In around July 27, 2017, the Plaintiffs filed a claim for disability benefits with the Defendant, and the Defendant rendered a decision on the respective site pay (hereinafter “each of the instant dispositions”) to the Plaintiff, the Plaintiff on July 27, 2017, the Plaintiff on May 30, 2017, and each Plaintiff C, D on June 13, 2017, and each Plaintiff E, F, and G on August 22, 2017.

2.3.

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