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(영문) 서울행정법원 2015.01.30 2013구단55478
요양불승인처분취소
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. The Plaintiff (1934) was an employee who had been engaged in dusty work in the strong coal mine, and was diagnosed with pneumoconiosis in the Ansan Industrial Complex from August 26, 2013 to August 28, 2013.

B. On November 6, 2013, the Defendant rendered a disposition of the Plaintiff’s pneumoconiosis insurance benefit site pay on the ground that the Plaintiff’s pneumoconiosis type was normal (0/0) and the cardiopulmonary function was normal (F0).

(hereinafter “instant disposition”). / [The grounds for recognition] Gap evidence 1, Eul evidence 2 and 3

2. Whether the instant disposition is lawful

A. On November 28, 2013, immediately after the Plaintiff’s assertion was issued the instant disposition, the Plaintiff was determined to have a 1/0 type of pneumoconiosis disease by photographing a chest simple radiation image and a high sea-based computer screen image (CT) in the working environment department for staff of the KIIU of Tol University on November 28, 2013. Thus, the instant disposition was unlawful since it was based on mistake of facts, and the Defendant should pay the Plaintiff the pneumoconiosis compensation annuity of class 13 of the Pneumoconiosis grade by determining the Plaintiff’s pneumoconiosis disease type No. 1.

(b) Relevant statutes: Attached Form;

C. The Plaintiff’s pneumoconiosis type is determined as “Type 1” in full view of the Plaintiff’s chestless radiation image taken on August 26, 2013, taken on November 25, 2013, and the Plaintiff’s chest simple radiation image and computer circuit film image taken on November 25, 2013.

⑵ 법원 감정의(대한의사협회) ㈎ 2013. 8. 26. 촬영한 원고의 흉부 단순방사선영상에서 우상엽에 불규칙한 결정음영과 선상음영이 관찰되며, 그 외의 결절음영은 분명하지 않다.

Although it is evident that the machinery booms are located in the breath of both sides, it is highly likely to be changed according to the age.

There is no difference between the chest simple radiation image of the Plaintiff taken on November 25, 2013 and the chest radiation image taken on August 26, 2013.

The plaintiff taken on November 25, 2013.

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