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(영문) 서울행정법원 2016.04.29 2015구단58303
진폐요양불승인처분취소
Text

1. On May 20, 2015, the Defendant’s disposition of non-approval for pneumoconiosis medical care rendered against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff applied for medical care benefits for pneumoconiosis to the Defendant, who was engaged in dusty work at the New Youngdong Mining Center, etc.

B. From March 31, 2015 to April 2, 2015, the Plaintiff was diagnosed with pneumoconiosis-type symptoms (0/1) and with cardiopulmonary function F1 (ordinary disability) as a result of the Plaintiff’s precise diagnosis conducted at the East Sea Hospital of Korea Workers’ Compensation and Welfare Service. On May 20, 2015, the Defendant issued a disposition of approval for medical care for pneumoconiosis (hereinafter “instant disposition”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion constitutes the type of pneumoconiosis-type 4 due to the pulmonary pulmonary function, and at the same time, the Plaintiff is a person eligible for pneumoconiosis insurance benefits, and thus, the instant disposition based on a different premise is unlawful despite the fact that the Plaintiff is a person eligible for pneumoconiosis insurance benefits.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. 1) The facts of recognition are Type 2 (q/r, noise level density 2/1) pneumoconiosis type in the Tol, Seoul National University Child Hospital (the plaintiff's main body) and the opinion of discard appears to be. 2) As a result of the court's entrustment of the medical record appraisal with respect to the head of the Gamamama Hospital at the Korea National University, Korea National University, Seoul National University, (the plaintiff's main body) and the opinion of discard type. However, it is necessary to distinguish the type from the type 4 of pneumoconiosis type.

With the exception of large marcing, the opinion of Type 2 (type/sizeq/r, noise level density 2/2) of pneumoconiosis disease type is shown, and the opinion of destruction type is shown.

3) It is determined that the results of the examination of the medical records entrusted to the Chief of the Seoul National University Hospital at this Court constituted pneumoconiosis-type 4A, shown in large 1cc or more as a result of the examination of the medical records entrusted to the Chief of the Seoul National University Hospital. Except for large cambing, it is the opinion of Type 2 (q/r, and noise level density 2/1) of pneumoconiosis-type disease type. The cardiopulmonary function is accompanied by discarded type, and the cardiopulmonary function constitutes light disability (F1).

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