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(영문) 서울행정법원 2021.03.09 2020구단62702
요양불승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, from around 1961 to October 25, 1990, performed the transportation business at the mining center B, a gold mine located in the gold mine, carried out the business of transporting coal from the coal mine located in the coal mine for about three months (time). From July 1, 1974 to December 31, 1978, the Plaintiff worked as a mining source in the coal mining located in the coal mine located in the coal mine located in the e-U.S. from July 1, 1974 to December 31, 1978. From October 1, 1982 to October 25, 1990, the Plaintiff carried out the e-U.S. transportation. From June 1, 1992 to June 30, 1992.

B. On April 20, 2017, the Plaintiff was diagnosed as a chronic pulmonary disease (COPD; hereinafter “instant injury”). On July 6, 2017, the Plaintiff filed an application for medical care benefits with the Defendant regarding the instant injury and disease.

However, on January 10, 2019, the Defendant rendered a decision not to approve the Plaintiff’s application for medical care benefits (hereinafter “the instant disposition”) based on the results of deliberation by the employment-related research institute on the following grounds: (a) from 1961 to 10 years of age, the Defendant was exposed to dusts, including coal and determined free acid, and nitrogen cargo gases, which were generated during blasting and blasting operations; (b) the period of light service is shorter than three months; (c) gold mines are lower than the cumulative exposure level; and (d) gold mines are lower than the cumulative exposure level.

(c)

The Plaintiff filed a request for examination against the instant disposition, but the Defendant dismissed the Plaintiff’s request for examination on or around June 2019.

In this regard, the plaintiff filed a request for reexamination, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the plaintiff's request for reexamination on March 5, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is in 4 years and six months, in addition to the Plaintiff’s performance of his/her duties in the coal mine located in Boban for three months.

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