1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff is a person who has worked as a mining source in the coal mine operated by Taean L&A Co., Ltd.

B. On September 6, 2016, the Defendant notified the determination that the Plaintiff’s disability grade No. 11 subparag. 16 is class 2 (2) as a result of the pneumoconiosis examination council’s review conducted (from June 20, 2016 to June 22, 2016), based on the result of the pneumoconiosis diagnosis conducted at the Thai Hospital of the Korea Workers’ Compensation and Welfare Service (hereinafter “Korea Workers’ Compensation and Welfare Service”). The Plaintiff’s disability grade is a minor disability (F1/2, Efforts emission (FVC), and is below 80%).

(hereinafter “instant disposition”). 【The ground for recognition】 The fact that there is no dispute, Gap’s Nos. 1, 5, and Eul’s No. 1, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of the Plaintiff’s efforts and vitality (FVC) is below 70%, and the degree of cardiopulmonary function constitutes light (F1).

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

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

C. According to the delegation of Article 91-8(2) of the Industrial Accident Compensation Insurance Act, Article 83-2(1) [Attachment Table 11-2] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, which provides for the criteria for determining the type of pneumoconiosis and the degree of cardiopulmonary function, the criteria for determining pneumoconiosis disability grades, and the criteria for recognition of eligibility for medical care, provides that the level of effort-pulmonary activity (FVC) or daily average (FEV1) shall be at least 55% of the average predicted value in the end-of-life examination, and shall be less than 70%

In this case, it is not sufficient to recognize that the Plaintiff’s efforts are less than 70% solely on the basis of the statement of health class, Gap evidence No. 4, and there is no other evidence to acknowledge it.

Rather, according to the result of the physical examination entrusted to the president of the National Health Insurance Corporation of the Republic of Korea, the Plaintiff’s efforts and vitality (FVC) are 73.62%, and the daily average (FV1) is 81.86%.

Therefore, the plaintiff's assertion is without merit, and this case.