Once the Corporation has received the diagnosis results, what must it determine, and through which body does it act?
General information · Not legal advice
Material to check
In a practice file we read the diagnosis results the Corporation received, with the date of receipt, because that receipt triggers the duty to determine; we also read the record of the review by the pneumoconiosis review committee and the medical papers showing the disease form, any complications and their type, and the degree of cardiopulmonary function.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as mandatory and conditional on one event: once the Corporation receives the diagnosis results under the preceding provision, it must determine the worker's pneumoconiosis disease form, whether complications exist and their type, and the degree of cardiopulmonary function, and it may do so only after review by the pneumoconiosis review committee; the criteria for the determination are set by Presidential Decree.
Another reading stresses that the provision fixes who determines and through which body, but leaves open what the committee's review consists of and what evidence satisfies each element, since the criteria are set by Presidential Decree rather than written into the provision itself.
Your judgment
Does the file show the date the Corporation received the diagnosis results, since the duty to determine attaches once the Corporation receives those results?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who determines or the trigger for the duty, or if a court decision explains when the duty to determine attaches or what the committee's review must cover.