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(영문) 서울행정법원 2015.07.17 2015구단53148
진폐보험급여부지급처분취소
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. From March 1, 1981, the Plaintiff had worked in the Korea Coal Corporation Mining Center for about 18 years, and filed an application for medical care benefits for pneumoconiosis with the Defendant. From November 25, 2014 to November 26, 2014, the Plaintiff received a precise diagnosis of pneumoconiosis at the Tolus Seoul University Hospital.

B. On February 16, 2015, the Defendant rendered a disposition of site pay for pneumoconiosis insurance benefits (hereinafter “instant disposition”) against the Plaintiff on the ground that “the symptoms of pneumoconiosis type (0/1), lung cancer (ca), and cardiopulmonary function (F0),” according to the deliberation by the Pneumoconiosis Deliberation Committee.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 1 to 3

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion revealed as a result of the diagnosis by the East Dissolution Re Hospital that was conducted from September 24, 2013 to September 25, 2013, that the disease type No. 1 (1/0) was revealed as a result of the diagnosis by the Plaintiff, and that the Defendant’s disposition in this case was unlawful, since it was transferred to the pulmonary cancer with a certificate of merger of pneumoconiosis.

(b) as shown in the attached Form of the relevant statutes;

C. (1) Determination: (1) - In full view of the descriptions of medical opinion : Tol, Seoul University (from November 25, 2014 to November 26, 2014) - Medical Certificate (0/1) - Medical Care Review Board of the Defendant’s Pneumoconiosis Review Board of the Malibio-Pecul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-pul-p.)

Therefore, the defendant's disposition of this case is legitimate.

3. The plaintiff's claim of this case is dismissed as it is without merit.

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