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(영문) 서울행정법원 2019.06.25 2018구단72386
요양불승인처분취소
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. On October 20, 2017, the Plaintiff was diagnosed as chronic closed disease (COPD; hereinafter the same shall apply) as a result of the examination conducted by the National Assembly members in B, and filed an application for medical care benefits for the instant injury and disease with the Defendant, asserting that “the instant injury and disease were caused by the Plaintiff’s aforementioned work” from 1964 to 1971, and engaged in mining operations for about 6 years in C Mining Center from 1974 to 6 January 1986, and that “the instant injury and disease were caused by the Plaintiff’s aforementioned work.”

B. The Defendant, on July 4, 2018, was exposed to the Plaintiff on coal and determined-type free acid dust and nitrogen oxide gas, etc., which were generated during the process of coal and determined-type glass dust and blasting, while conducting mining operations for six (6) years from the gold mine, and three (3) years and ten (10) months from the coal mine, but the period of coal operations is short and gold mine operations are low, and the total cumulative exposure amount is not low, and the result of the examination of waste function is deemed to be low by performing the original lung cancer, and it is difficult to recognize business relevance since the Plaintiff’s aforementioned primary lung cancer that occurred in 2009 is also deemed as not an occupational lung cancer.

‘The measure of this case' was taken to deny the application for medical care benefits according to the results of the deliberation of whether a research institute for occupational diseases was an occupational disease (hereinafter the measure of this case).

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

2. Whether the instant disposition is lawful

A. Although there is a proximate causal relationship between the Plaintiff’s assertion and the injury and disease of this case, the instant disposition that rejected the Plaintiff’s claim for medical care benefits on a different premise is unlawful.

B. (i) fact of recognition: (a) the Plaintiff’s experience and details of duties from around 1964 to around 1971; (b) about six years from around 1964; (c) mining operations in C Mining Center (gold mine); (d) about three years and ten (10) months from around April 1982 to January 1, 1986; (d) coal mining operations; (e) the Plaintiff from around 1974 to January 6, 1986.

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