The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. The plaintiff was diagnosed with pneumoconiosis as a person who was engaged in dusty B in a dusty work.

The Defendant filed an application for pneumoconiosis insurance benefit with the Defendant, and received a precise diagnosis of pneumoconiosis in the East Sea Hospital from May 13, 2020 to May 15, 202.

B. On June 17, 2020, the Defendant rendered a disposition of site pay for pneumoconiosis insurance benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s pneumoconiosis type constituted “ normal (0/0)” as a result of the review by the Pneumoconiosis Review Board.

【Unfounded Grounds for Recognition】 Each entry in Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2 (including each number, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to the results of the precise diagnosis conducted by the Labor Welfare Corporation of the Plaintiff’s assertion at the same Sea Hospital, even if the Plaintiff’s pneumoconiosis type falls under Type 1 (1/0), the Defendant issued the instant disposition solely on the basis of the result of the examination by the Pneumoconiosis Review Board.

Therefore, the instant disposition should be revoked as it is unlawful.

B. Determination 1) According to Articles 91-8(1) and 91-8(2) of the Industrial Accident Compensation Insurance Act, and Article 83-2(1) [Attachment 1-2] of the Enforcement Decree of the same Act, in order to be eligible for pneumoconiosis benefits, pneumoconiosis type C must be at least one type of pneumoconiosis, and the degree of the progress of pneumoconiosis is determined by reading chest simple radiation, and the classification of pneumoconiosis type C should be in accordance with the complete classification prescribed in the International Classification of Pneumoconiosis Videos (ILO) of the International Labor Organization (ILO).

2) In full view of the purport of the argument as a result of the Plaintiff’s request for appraisal of medical records to the president of the C Medical Council in this case, it is recognized that the Plaintiff’s appraisal of medical records presented a medical opinion that the Plaintiff’s pneumoconiosis type corresponds to the symptoms (p/p, density: 0/1) of pneumoconiosis less than the first punishment.

The result of the above appraisal was recorded before the disposition of this case.