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(영문) 서울행정법원 2014.07.10 2014구단52384
진폐요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. After November 28, 1984, the Plaintiff performed his/her duties, such as coal in the Korea Coal Corporation's place of the Korea Coal Corporation, and on January 20, 2014, the Defendant issued a non-approval disposition (hereinafter "instant disposition") on the ground that the result of the Plaintiff's precise diagnosis of pneumoconiosis against the Plaintiff constituted " normal conditions of pneumoconiosis disease (0/0)" as a result of the precise diagnosis of pneumoconiosis against the Plaintiff on January 20, 2014, is either under dispute between the parties or recognized by the evidence No.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was diagnosed by the Plaintiff that the Plaintiff constituted pneumoconiosis as a result of photographing a scarb radiation, etc. at the Seoul Escar Hospital, and thus, the instant disposition contrary thereto is unlawful.

B. For the diagnosis of pneumoconiosis under the Industrial Accident Compensation Insurance Act, it is necessary to examine the pneumoconiosis review committee on the result of health examination, and the determination of the type of pneumoconiosis of the relevant worker, whether there exists a merger, and the degree of cardiopulmonary function of the relevant worker shall determine whether to pay medical care benefits.

In the Enforcement Decree, the criteria for the determination of pneumoconiosis and the determination of insurance benefits shall be determined by reading the pneumoconiosis and the progress of the pneumoconiosis shall be determined by taking a chest simple radiation image into consideration. However, it shall be recognized that the noise level in its original or influent form is high, and there is no stude in both sides, and in the case of “1/0,” “1/1,” and “1/2,” it shall fall under the pneumoconiosis grade of class 13 even without cardiopulmonary function disorder in the form of pneumoconiosis type 1. (c) According to the evidence No. 2 (including the paper number) of the judgment, it is recognized that the Plaintiff’s chest simple and high sea radiation with the Plaintiff on April 10, 2014 is judged to fall under the pneumoconiosis grade of class 13 without cardiopulmonary function disorder.

However, if the evidence mentioned above, Gap evidence No. 3 and Eul evidence No. 1 and the result of the request for examination of medical records to the director of the Seoul National University Hospital, the plaintiff is added from the past 2005.

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