1. The Defendant’s disposition of refusal to grant additional injury and disease to the Plaintiff on May 29, 2017 is revoked.

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

1. Details of the disposition;

A. The plaintiff is working as a light source.

퇴직한 후 업무상 질병인 ‘우측 회전근개 파열, 우측 슬관절 반월상 연골 파열, 우측 슬관절 관절염, 우측 무릎뼈의 연골연화증, 우측 주관절 관절염’(이하 ‘기승인 상병’이라 한다)에 대하여 피고로부터 요양승인을 받아 요양을 하던 중, 2017. 3. 23. ‘좌측 슬관절 관절염, 좌측 무릎 반월상 연골 파열’(이하 ‘이 사건 추가상병’이라 한다) 진단을 받은 후 피고에 추가상병 신청을 하였다.

B. On May 29, 2017, the Defendant rendered a non-approval decision (hereinafter “instant disposition”) based on the result of the review by the advisory society that “it is reasonable to not recognize the causal relationship with the instant additional branches of business given that there exists a retired opinion according to the MRI’s opinion,” based on the result of the review by the advisory society.

C. The Plaintiff filed a request for examination with the Defendant, but received a decision to dismiss the request from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion had already been recognized by the Defendant as an occupational disease, it is reasonable to view that the instant additional disease was caused by the Plaintiff’s occupational injury. Therefore, even if proximate causal relation exists between the Plaintiff’s occupational injury and the instant additional disease, the Defendant’s disposition taken on a different premise is unlawful.

B. Fact-finding 1) On October 22, 1986, the Plaintiff joined the Korea Coal Corporation Korea Coal Corporation (hereinafter “Korea Coal Corporation”) to work as the coal mountain department and retired on May 31, 201.

The plaintiff worked for 5 days per week, approximately 8 hours per day ( approximately 4-5 hours per week) as 2 weeks per week.

B. The plaintiff, as a cochine of coal production, is engaged in digging a tunnel in the pit and constructing a tunnel.