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(영문) 춘천지방법원 2015.11.20 2014구합4045
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On November 1, 1961, the Plaintiff joined the Korea Coal Corporation C Mining Corporation in Gangwon-gun B and was engaged in coal work, and retired on December 31, 1987.

On November 25, 2013, the Defendant rendered a non-approval disposition (hereinafter “instant disposition”) on the ground that the Plaintiff’s status (hereinafter “ Pneumoconiosis type”) resulted in the result of the deliberation by the Pneumoconiosis Deliberation Committee on the Plaintiff’s application for pneumoconiosis treatment.

[Based on recognition, the Plaintiff asserted the purport of the entire argument and evidence No. 2-2 and No. 2-3, and the Plaintiff’s argument as to the purport of the entire argument was as follows: (a) from 2006 to 2013, the result of the health examination conducted by the person leaving his/her employment from pneumoconiosis workers (0/1) was as follows; and (b) the result of the close examination conducted by the Gangseoansan Hospital in 2013 was as follows.

Therefore, the plaintiff is a type 1 of pneumoconiosis, and is a person remaining after severe disability in cardiopulmonary function at the same time and is subject to medical care of class 3 of pneumoconiosis grade under the Industrial Accident Compensation Insurance Act.

Judgment

Facts of recognition

As a result of the Plaintiff’s health examination, the Plaintiff underwent an inspection on the first examination items among the health examinations conducted under Article 13 of the Act on the Prevention of Pneumoconiosis and the Protection, etc. of Workers with Pneumoconiosis at the Doginary Hospital in the Korea Workers’ Compensation and Welfare Service from 2006 to 2013 (hereinafter “ Pneumoconiosis Prevention Act”), and Articles 13(1)1 and 14 of the Enforcement Rule of the same Act (hereinafter “first health examination”).

The examination items of the first health examination are ① past medical history, work experience, and self-scopic symptoms (scopic, promotion, scopic, scopic), ② Blood pressure test and probopic symptoms, ③ blue and coloring test, ④ chopic radiation in person, ⑤ Blood typtyphism, blood typhism, chrecopic scopic, and scopic health examination if there are opinions about respiratory diseases.

At the time of the first health examination as above, the sound management was observed in the Plaintiff’s closure, and the Plaintiff was first in each year.

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