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(영문) 서울행정법원 2019.09.26 2017구단51429
미지급보험급여부지급처분취소
Text

1. On December 2, 2016, the Defendant’s disposition to pay unpaid insurance benefits to the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of Nonparty B (CB, hereinafter “the deceased”).

B. The Deceased worked at the Korea Coal Corporation and the Korea Coal Corporation from around 1969 to 1989 as an employee who had a history of dusty work while doing so.

C. On December 12, 200, the Deceased was diagnosed for the first time as pneumoconiosis, and it appears that it was the previous name of the Korea Industrial Accident Medical Center "Tagsan Hospital" from January 29, 2001 to February 3, 2001.

As a result of the precise diagnosis of pneumoconiosis in the workplace, “mal disease type: Type 1 (1/1), cardiopulmonary function (F0), and other mergers: None of them.” However, [Attachment 5] of Article 57 [Attachment 5] of the former Enforcement Rule of the Industrial Accident Compensation Insurance Act (amended by Labor Ministry Ordinance No. 193 of July 1, 2003), which was enforced at the time, was unable to obtain a separate determination of a disability grade since the cardiopulmonary function was normal (F0) and the pneumoconiosis type type falls under Type 1, while the pneumoconiosis type was not provided.

(The deceased was diagnosed with pneumoconiosis again on November 12, 2002, and was diagnosed with pneumoconiosis, from December 23, 2002 to December 28, 2002, and as a result, the result was " Pneumoconiosis disease type": Type 1 (1/2), cardiopulmonary function: normal (F0), and other mergers: non-activity pulmonary tuberculosis. However, the disability grade was not determined like this).

The Deceased was diagnosed by pneumoconiosis again on December 29, 2003, and was diagnosed by the Korea Industrial Accident Medical Center from February 9, 2004 to February 14, 2004, and as a result, the Deceased was diagnosed by pneumoconiosis at the Taesan Central Hospital of the Korea Industrial Accident Medical Center, from February 14, 2004. As a result, the result, "type of pneumoconiosis: Type 1 (1/2), cardiopulmonary function: normal (F0), and other mergers: non-activity-pulmonary tuberculosis (tb)" was included, and the disability grade was amended by Presidential Decree No. 22492 on November 15, 2010, and enforced on November 21, 2010.

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