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(영문) 서울행정법원 2019.07.11 2018구단77718
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on February 2, 2018 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From January 7, 1969 to April 8, 1985, the Plaintiff served as the vegetable coal in the Korea Coal Corporation B Mining Center.

B. On January 21, 2006, the Plaintiff was approved of a pneumoconiosis disease, and the disability grade 13 grade 12 was recognized, and thereafter, the disability grade was changed to Grade 9 on July 12, 2007, Grade 11 and 16 on August 29, 2008, and Grade 9 and Grade 1 on January 25, 2013, respectively. From July 31, 2013 to Grade 31, the Plaintiff is under medical care due to the merger witness, the engine infection, and the male of pneumoconiosis.

C. The Defendant paid to the Plaintiff KRW 10,121,070 as the lump sum disability payment on July 4, 2006, and KRW 13,221,270 as the lump sum disability payment on November 2, 2007. From December 1, 2010, the Defendant paid the pneumoconiosis compensation annuity following the amendment of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

On the other hand, the following are the specific results that the Plaintiff was subject to the closed function inspection on November 18, 2016 and May 29, 2017.

The hospital of the Korea Labor Welfare Corporation (FV1), the first day (FV1), the first day (FEV1/FVC), the first day (FEV1/FVC), 54% 71% 54% 55% 52% f2% f6% 66% 44% 48% 48% 48% 43% 48% 40% 03% 0% 03% 000 03% 000 000 05% 19, 2016

E. On December 29, 2017, the Plaintiff filed a claim with the Defendant to pay the difference between the disability benefits of Grade 3 or 1 aggravated with the grade 9, which is the previous disability grade, inasmuch as the Plaintiff’s cardiopulmonary function has deteriorated based on the aforementioned examination result.

F. However, on February 2, 2018, the Defendant stipulates that disability benefits under the Industrial Accident Insurance Act shall be paid to the Plaintiff in cases where a worker suffers from an injury or disease due to his/her occupational reason and has physical disability, etc., but the Plaintiff is not in a state of cure due to his/her current medical care. However, disability benefits are not payable to the Plaintiff, and the Plaintiff is not subject to disability benefits. ② The examination of the discontinued function performed by the Plaintiff in his/her own way during hospitalization is not a precise diagnosis of pneumoconiosis under Articles 91-5 and 91-6 of the Industrial Accident

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