logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.07.17 2017구단74828
미지급보험급여부지급처분취소
Text

1. On April 24, 2019, the Defendant’s disposition to pay the unpaid insurance benefits site to the Plaintiff shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) is a person who has worked as a mining source in C, and the plaintiff is the deceased’s spouse.

From July 7, 1997 to July 12, 1997, the Deceased diagnosed as “mal disease type of pneumoconiosis” as a result of the precise diagnosis conducted at D Hospital, and approved the Defendant’s medical care for it. From May 20, 1997, while hospitalized in D Hospital and receiving medical care, the Deceased died as “pulmonary cancer”, which is direct death on April 4, 2014, and the previous physician’s death.

B. After that, on April 24, 2015, the Defendant recognized the deceased’s death as an occupational accident and determined the disability grade before the deceased’s death as Grade VII, and paid the Plaintiff pneumoconiosis consolation benefits amounting to KRW 74,195,520 based on Article 24 of the Act on Prevention of Pneumoconiosis and Protection, etc. of Pneumoconiosis Workers (hereinafter “ Pneumoconiosis Prevention Act”).

C. Meanwhile, on the ground that the deceased’s disability grade falls under class 7, the Plaintiff filed a claim with the Defendant for disability benefits under Article 57 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) corresponding to the above disability grade, and disability benefits under Article 24(1)2 of the Pneumoconiosis Prevention Act (hereinafter “former Pneumoconiosis Prevention Act”) prior to the amendment by Act No. 10304, May 20, 2010, for the payment of individual disability benefits, on the ground that the deceased’s disability grade falls under class 7. However, on July 14, 2017, the Defendant determined that “(i) the deceased’s right to receive insurance benefits according to the pneumoconiosis type and cardiopulmonary function based on the result of the diagnosis of pneumoconiosis on May 20, 197 and thereafter, the extinctive prescription has already expired pursuant to Article 112 of the Industrial Accident Insurance Act, and ② the determination of the disability grade should be made after the examination of the pneumoconiosis type of the relevant worker’s pneumoconiosis examination committee.

arrow