장해급여부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the spouse of the deceased B (hereinafter “the deceased”) who died on September 19, 2017.
On May 6, 2016, the deceased asserted that “a certificate of injury to internal damage caused by both sides’ dialogic dives, and both sides’ noise” (hereinafter “the instant injury”) was diagnosed as a result of being exposed to noise while working as a luminous source in the C Mining Center, etc., and claimed disability benefits for the instant injury to the Defendant.
B. However, on March 20, 2017, the Defendant rendered a decision not to pay disability benefits claimed by the Deceased on the basis of the result of the deliberation by the Integrated Review Committee of the Daejeon District Headquarters that the degree of loss of the deceased’s hearing ability is 112dB on the left side and 115dB on the right side, and considering the deceased’s noise exposure experience and age, etc., the Defendant appears to be less related to noise exposure (hereinafter “instant disposition”).
C. The Deceased filed a request for review with the Board of Audit and Inspection against the instant disposition, but the request for review was dismissed on June 20, 2018.
[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 5, purport of whole pleadings
2. Whether the lawsuit of this case is lawful
A. The summary of the Defendant’s defense prior to the merits is related to the claim for disability benefits of the deceased. As a person who has legal interest in the instant disposition is limited to “the pertinent worker who was injured or affected by a disease”, the Plaintiff, a bereaved family member of the deceased, is not eligible to seek cancellation of the instant disposition.
Therefore, the lawsuit of this case is brought by a person who is not qualified as a party, so it shall be dismissed as illegal.
B. According to Article 81(1) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), where a beneficiary of insurance benefits dies, the beneficiary shall be paid to the beneficiary.