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(영문) 서울행정법원 2017.09.28 2017구단55834
장해급여부지급처분취소
Text

1. The Defendant committed respectively against Plaintiff A on March 22, 2016, and against Plaintiff B and C on May 10, 2016.

Reasons

1. Details of the disposition;

A. As a result of the precise diagnosis of pneumoconiosis conducted from August 27, 190 to August 31, 1990, the Plaintiff A confirmed as “the date of diagnosis, May 31, 1990, type 2(2) of pneumoconiosis disease type, and F3(high disability) of cardiopulmonary function” and is still under medical care until now.

B. The net E was determined as Grade 1 of the Pneumoconiosis disability grade on October 26, 1984 by serving as a mining source in the Korea Coal Corporation’s Do Mining Center, and was determined as a result of the precise diagnosis of pneumoconiosis conducted from May 12, 2003 to October 17, 2003, which was confirmed as “the date of the precise diagnosis of pneumoconiosis-type 4 type (4B), “the cardiopulmonary function-pulmonary function 4 type (4B), F1 (ordinary disorder), and the type of merger-type (complication) and died on January 26, 2014.

C. The deceased F was judged as Grade 11 of the Pneumoconiosis disability grade on December 3, 1982 while engaging in dusty work by working as a mining source in the Tultie coal mine Co., Ltd., and died on March 11, 196 through December 16, 196. As a result of the precise diagnosis of pneumoconiosis conducted from March 11, 1996 to the 16th day of the same month, it was confirmed as “the date of the diagnosis, from January 30, 1996, from the pneumoconiosis-type 4-type (4A), from the cardiopulmonary pulmonary pulmonary pulmonary Bribery, F1-level tuberculosis, and from June 30, 2015.”

Plaintiff

The plaintiff C, the bereaved family member of the plaintiff B and the network E, the plaintiff Eul, the bereaved family member of the plaintiff B and the network F, claimed that the defendant, the plaintiff A, the deceased E and F (hereinafter "the plaintiff et al.") pay the difference between the disability benefits already paid from the disability benefits that should be paid to the plaintiff et al., because, at the time of diagnosis of each pneumoconiosis, the plaintiff A was in the status of Grade 5 of the disability grade in the case of the plaintiff A and the deceased E and F (hereinafter "the deceased et al.").

E. On March 22, 2016, the Defendant: (a) on March 22, 2016, on the ground that “the Plaintiff did not have any physical disability after being cured under the Industrial Accident Compensation Insurance Act; and (b) did not have any condition to determine the disability grade; and (c) was “the ground for the first disposition.”

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