장해급여부지급처분취소
1. The Defendant’s decision to pay disability benefits to the Plaintiff on July 28, 2017 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On January 29, 2016, the Plaintiff (B) diagnosed each of the instant injuries in the C Council (hereinafter “C Council members”), and filed an application for the payment of disability benefits with the Defendant, asserting that the Plaintiff was exposed to noise and caused the instant injury by exposure to noise in the course of performing coal work as a mine worker.
B. On July 28, 2017, the Defendant determined disability benefits for the Plaintiff on the ground that “The Plaintiff’s history of working in the noise process for at least three years has been verified, but a considerable period of time has elapsed after retirement, and a request was made to the Seoul Regional Headquarters for deliberation in order to determine the merger of the elderly in accordance with a special opinion, and that it is insufficient to recognize the causal relationship with the Defendant’s duties.”
(hereinafter “instant disposition”). C.
The Plaintiff appealed against this and filed a request for an examination to the Defendant on December 7, 2017, but the request for examination was dismissed. The Plaintiff re-appealed to the Industrial Accident Compensation Insurance Reexamination Committee on May 24, 2018, but the request for reexamination was dismissed.
【Unsatisfy-founded facts, Gap’s statements, 2, 5, 6, 7, 8, and Eul’s statements, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion constitutes occupational disease caused by the Plaintiff’s excessive exposure to noise in the course of collecting coal as a mine worker.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. In order to recognize a disease due to an occupational reason stipulated in Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act, the disease is caused by the occupational reason, and there is a proximate causal relation between the occupational and the disease, which must be attested by the assertion.
However, the existence of proximate causal relationship between the work and the disaster is not an average but on the basis of the health and physical conditions of the worker.