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

Purport of claim and appeal

The first instance court.

A. On April 1, 1999, the Plaintiff filed a claim for disability benefits with the Defendant on April 29, 2013, on the ground that he/she was diagnosed by the Noise and D&D Agency (hereinafter “the instant injury and disease”) on the right side due to being exposed to long-term noise after becoming a member of the B medical machine industry company (hereinafter “Nonindicted company”).

B. On June 14, 2013, the Defendant rendered the instant disposition that did not pay disability benefits to the Plaintiff on the ground that “the company outside the country cannot be deemed as a noise workplace, and ear’s Cheong’s Cheong’s Cheong-do Cheong’s Cheong-do Ha was less than 40dB, thus falling short of the criteria for recognition of disability grade of

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) The Plaintiff had worked for 15 years in the working environment exposed to noise, etc., and was diagnosed on October 6, 2010 by the High University Uniform Hospital, which was diagnosed as having been exposed to the noise environment and was diagnosed as having a difficult opinion in the high-speed area of the right-hand ear. Accordingly, the disease of this case is in proximate causal relation with the Plaintiff’s work exposed to noise, and also conforms to the criteria for recognition of disability benefits, and thus, the instant disposition against which disability benefits were not paid by deeming otherwise is unlawful.2) Even if the Plaintiff’s difficult situation caused by the disease of this case was less than 40dB, and thus, it does not fall under the minimum disability grade criteria prescribed in the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “Act”) and the Enforcement Rule of the Act.

As long as it constitutes an occupational accident, disability benefits should be paid in accordance with the lowest disability grade prescribed in the above criteria for disability grade (class 1 of class 14), or disability benefits should be paid in proportion to the degree of disability compared with the lowest disability grade at least, and therefore, in this regard, the disability benefits should be paid.