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(영문) 서울행정법원 2016.06.30 2016구단51767
미지급보험급여부지급처분취소
Text

1. The Defendant limited to Plaintiff A on December 7, 2015, and limited to Plaintiff B on November 10, 2015, and Plaintiff C on December 28, 2015.

Reasons

1. Details of the disposition;

A. The Plaintiffs are the bereaved family members of Non-Party He, I, J, K, L, M, and N as follows, and the deceased were diagnosed as pneumoconiosis and were receiving medical care due to a merger after retirement from the mine.

on October 6, 2014, the deceased’s bereaved family members (the plaintiff) following the pneumoconiosis diagnosis date H A C C C C C of the Pneumoconiosis-type 4 pneumoconiosis-type 4 and C of the cardiopulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Deathon August 201, 2014; on May 18, 2013, 14, the pneumoconiosis-type 1-type 1-type pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary 7 DD DD-type 12, 205 on July 12, 2012; and on May 23, 2015, the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary 1-type 30-type 4, 195-type pulmonary pulmonary pulmonary pulmonary pulmonary 20.

B. In accordance with Article 81 of the Industrial Accident Compensation Insurance Act, the Plaintiffs filed a claim for unpaid insurance benefits with respect to the Defendant who should have received disability benefits under Article 57 of the same Act, but the Defendant, at the time of the death of the Deceased, did not “if there is any disability to the body, etc. after recovery” but did not meet the requirements for disability benefits under Article 57 of the Industrial Accident Compensation Insurance Act in a state where continuous medical care is required (each of the dispositions of this case below).

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiffs' assertion that they had been diagnosed above the type 1 of pneumoconiosis type, and symptoms have been fixed around that time due to the characteristics of the pneumoconiosis. Since they had already been entitled to disability benefits before their birth, the defendant should pay disability benefits that should have been received by the deceased before their birth pursuant to Article 81 of the Industrial Accident Compensation Insurance Act to the plaintiffs who are bereaved family members.

Nevertheless, the symptoms have not been fixed on the ground that the deceased received medical care benefits.

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