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(영문) 서울고등법원 2016.05.20 2015누51837
요양불승인처분취소
Text

1. Revocation of a judgment of the first instance;

2. On October 2, 2014, the Defendant’s disposition of non-approval for medical care rendered to the Plaintiff is revoked.

Reasons

1. Details of the disposition;

A. From 1974 to 1999, the Plaintiff worked as a mining unit in Gyeongdong C Mining Complex, etc. and was in charge of the transportation of coal, pit trees, and pits.

B. On April 14, 2014, the Plaintiff diagnosed chronic closed-pulmonary disease (Chrronic Pulrua; hereinafter “instant injury”) at the Alver Seoul Escar Hospital, and filed an initial medical care benefit application with the Defendant on the 16th day of the same month.

C. On October 2, 2014, the Defendant issued a disposition not to grant medical care (hereinafter “instant disposition”) against the instant injury and disease.

【Fact- without dispute over the ground for recognition】 The entry of Gap evidence 1 through 3, Eul evidence 7 and 8 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The instant injury and disease are occupational diseases caused by the Plaintiff’s work in coal mines, etc. (2) The Defendant Plaintiff was exposed for a long time to high concentration coal and determined free acid gas during the process of blasting and blasting, or as a result of the Plaintiff’s inspection of the Plaintiff’s waste function, the instant injury and disease do not fall under the criteria for recognition under the Defendant’s “Guidelines for the Work of Closed-End Diseases.”

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

C. The following facts can be acknowledged in light of the overall purport of the pleadings in the following facts: (a) the record of evidence No. 2; (b) the first instance court and the head of the Seoul Hospital of the Seoul Hospital of this court on the commission of the examination of the medical records (including the supplementary results). (a) The Plaintiff was a male male who was 1939 and worked in the coal mine area for about 25 years since 1974, which was 35 years old; (c) the workers working in the coal mine area, such as the Plaintiff, can be exposed to high concentration coal dust, scalculic glass dust, etc.; (d) such dust is known as risk factors of chronic pulmonary diseases; and (e) the blasting process occurs.

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