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(영문) 서울행정법원 2019.01.23 2018구단55213 (4)
장해급여부지급처분취소
Text

1. The Defendant limited to Plaintiff F, G, H, and I on January 13, 2017 with respect to Plaintiff F, G, H, and I on March 16, 2017, and Plaintiff B on November 19, 2018.

Reasons

1. Details of the disposition;

A. The Plaintiffs were determined as having been engaged in dusty work at a workplace in the attached Table “the Schedule” (hereinafter “the Schedule”), and the Defendant’s “the date of approval for medical care” under the Schedule “the date of approval for medical care,” after obtaining the approval for medical care from the Defendant on each day, filed a claim with the Defendant for the payment of disability benefits on each day.

B. However, on each date, the Defendant rendered a decision to pay the site for disability benefits to Plaintiff A, B, C, D, E, H, and J on the following grounds (hereinafter referred to as “reasons 1, etc.”) Nos. 1 and 4 of the table Nos. 1 and 4, as to Plaintiff F, and G, respectively, as to Plaintiff I’s ground for 1, 2, and 4, respectively.

According to Article 57 of the Industrial Accident Compensation Insurance Act, disability benefits shall be paid in cases where an employee is cured of a disease caused by an occupational reason, and where a physical disability occurs after the worker is cured of the disease. The claimant still cannot be seen as having cured of the disease in the course of medical care. Thus, the claimant's claim for disability benefits did not occur.

2. In lack of the provisions of class 16 of class 13 of the disability grade: A person who "type 1 and cardiopulmonary function (F0)" as at the time the claimant was diagnosed with the pneumoconiosis shall not meet the disability grade criteria for the pneumoconiosis worker under the Industrial Accident Compensation Insurance Act, and Article 57 [Attachment Table 5] of the former Enforcement Rule of the Industrial Accident Compensation Insurance Act, which was amended by the Ministry of Labor Ordinance No. 193 on July 1, 2003 and enforced on the same day, was newly established to the effect that "a person without cardiopulmonary function and with no pneumoconiosis type 1 and with no pneumoconiosis type 1 determined" falls under class 13 of the disability grade. However, the amended Enforcement Rule cannot be applied to the applicant who was diagnosed with the pneumoconiosis before the enforcement date, so there was no claim for disability benefits.

3. If the disability grade No. 9 is incomplete:

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