장해급여부지급처분취소
1. The Defendant’s disposition to pay disability benefits to the Plaintiff on April 19, 2019 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. From November 25, 1973 to April 2, 1978, the Plaintiff (CB) served as an coal auxiliary and engine driver for about four years and three months from the Korea Coal Corporation D Mining Corporation (CB).
B. On April 11, 2018, the Plaintiff filed a claim for disability benefits with the Defendant, being diagnosed as “hneneneopic dynasty and noise-generating risk office” in the East Sea EBE region located in the East Sea.
C. On April 19, 2019, the Defendant issued a disposition to pay disability benefits (hereinafter “instant disposition”) against the Plaintiff on the ground that “The noise was exposed to noise by 1978, but it was insufficient for the Plaintiff to be related to the Plaintiff’s business in light of natural honest loss, etc. after the suspension of noise work.”
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was exposed to more than 85 dB noise while performing duties, such as coal assistance, for about four years and three months at the Korea Coal Corporation D Mining Center, and the occurrence of noise-related difficulties.
Even if the plaintiff's difficult hearing is deemed to be mixed with the noise in distress and the elderly in distress, it can be deemed that the elderly in distress due to the noise in distress led to the progress of the natural progress and the situation of the present in distress. Therefore, a proximate causal relationship between the plaintiff's difficult hearing and the affairs is recognized.
Therefore, the instant disposition made by the Defendant on a different premise should be revoked as it is unlawful.
B. As a result of the three-time inspection of pactacy for the Cheongneopa of the injury caused by the fact of recognition (from April 3, 2018 to April 11, 2018), the highest Cheongnea is the top left-hand side of the 53.3dB, the right-hand side of 55dB disability status, and the Cheongneaopasis (1) is the top-hand part of both sides of the disease, which is the cause of the fact of recognition.