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(영문) 서울행정법원 2017.11.30 2017구단74323
장해급여부지급처분취소
Text

1. Disability benefits and unpaid insurance benefits (Disability Benefits) granted by the Defendant to Plaintiff A, B, C, D, and network E on July 4, 2017.

Reasons

1. Details of the disposition;

A. The Plaintiff A, G G (Plaintiff F’s husband), C, D, and deceased E (Plaintiff F’s husband) (hereinafter “disasters”) received the pertinent determination result from the close diagnosis conducted in the H hospital after having worked or retired from the mine area as a mine source, and then filed a claim for disability benefits with the Defendant for the remaining disaster victims and Plaintiff B, other than those who were receiving medical care approval from the Defendant, or who died after receiving the approval from the Defendant.

(E) As a result of the determination of the workplace name diagnosis institution of the date of the diagnosis of the disaster victims, the 1/10 ples of KH hospital 1/1 active pulmonary tuberculosis C on September 23, 2005 and D non- active pulmonary Tuberculosis DD D on October 30, 2009, on the 1/0 active pulmonary tuberculosis pulmonary tuberculosis - on July 10, 2007, 1/00 of the MU hospital H hospital H hospital - pulmonary tuberculosis E-0 active pulmonary tuberculosis - on July 10, 2009.

B. The Defendant rendered each non-approval decision (hereinafter “each previous disposition”) on the ground that the remaining disaster victims except the net G and the Plaintiff B were not “if there is a physical disability after recovery, etc.” in the state of medical treatment or death, and then revoked ex officio on July 4, 2017, on the ground that the extinctive prescription of the right to claim disability benefits except the net G has expired, in the case of the remaining disaster victims, on the ground that the extinctive prescription of the right to claim disability benefits has expired, not only the extinctive prescription of the right to claim disability benefits but also the right to claim disability benefits has expired at the time of the diagnosis (hereinafter “each of the instant dispositions”).

C. The deceased E, who was dissatisfied with the pertinent disposition, filed the instant lawsuit on October 12, 2017, but died on October 21, 2017 while the lawsuit was pending, and Plaintiff F, who was the deceased, took over the instant legal procedure.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 through 5 (including virtual numbers), Eul evidence Nos. 6 through 11, and all pleadings.

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