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(영문) 서울행정법원 2016.05.30 2015구단62999
진폐보험급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 20, 2015, the Defendant rendered a decision on the payment of the site price for pneumoconiosis insurance benefits against the Plaintiff on the ground that the pneumoconiosis type “normal” was normal.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s pneumoconiosis type constitutes Type 1, and the instant disposition is unlawful.

B. As a result of the lower court’s request for each medical record appraisal to Seoul National University Hospital and the Seoul National University Hospital, the Plaintiff’s pneumoconiosis type was assessed as “normal (0/0)” in entirety.

In light of these circumstances, it is not sufficient to recognize that the Plaintiff’s pneumoconiosis type constituted Type 1 solely on the basis of the evidence No. 3 and the result of the request for the examination of medical records to the Korea National University of Home University, and there is no other evidence to acknowledge it.

The instant disposition cannot be deemed unlawful.

3. We cannot accept the Plaintiff’s claim for conclusion.

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