Law Firm Governing the Ground

Attorney Complement-won

The understanding of the litigation performer, Kim Jong-chul

2. On June 10, 2016, the Defendant revoked the Plaintiff’s disposition not to grant medical care.

3. All costs of the lawsuit shall be borne by the defendant.

The court's explanation on this part is the same as the reasoning of the judgment of the court of first instance in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Plaintiff continued to be exposed to high noise while serving as a fire-fighting official for about 33 years, along with which occupational and stress overlap, and the injury of this case was caused. Therefore, the injury of this case was caused by official duties, and the disposition of this case made on a different premise is unlawful.

B. Relevant statutes

It is as shown in the attached Form.

(c) Facts of recognition;

1) Details and work status, etc. of the Plaintiff

A) The Plaintiff, as a student in 1956, was appointed as a fire-fighting officer on December 12, 1982 and served as the fire fighter or the deputy fire fighter in each fire station in Jeju-do, from January 18, 201 to June 30, 201, and served as the fire fighting team leader in each fire station in Jeju-do as the fire fighting team leader from January 19, 201 to June 30, 2016.

B) The Plaintiff had been in charge of fire extinguishment and lifesaving activities during the working period in each of the above fire stations 119 rescue teams, etc., and conducted equipment inspections twice a day.

C) The Plaintiff’s form of work is two hours of work until December 31, 2009, and three hours of work thereafter. From January 1, 2007 to December 31, 2015, the Plaintiff’s overtime work has reached a total of 402 hours to 744 hours every year, and night work has reached a total of 109 hours to 173 hours, and holiday work has reached 38 hours to 56 hours.

2) Details of the Plaintiff received medical treatment

A) On March 21, 2010, the Plaintiff was transferred to the Central Hospital after being hospitalized as a day after being hospitalized while on night duty.

B) According to the medical records prepared by △△ Hospital on December 16, 2010 in relation to the Plaintiff, the following are stated: Doctrine and name prior to several years: Doctrine: Doctrine: Doctrine; Doctrine; Doctrine; Doctrine; Doctrine; Doctrine: Doctrine; Doctrine; Doctrine: Doctrine; Doctrine; Doctrine; Doctrine; Doctrine; Doctrine; Doctrine; Doctrine; Doctrine; Doctrine; Doctrine; Doctrine; Doctrine. ; Doctrine; Doctrine; Doctrine; Doctrine; and Doctrine. ; and Doctrine. 2010.

C) After that, the Plaintiff underwent a re-inspection of the hearing power at a hospital around June 21, 201, around July 26, 2011, and around March 29, 2016. The Plaintiff was suspected of having a noise-related hearing and is expected to receive a level of 5 degree at the time of disability diagnosis.

D) On October 13, 2015, the Plaintiff undergoes a health examination at a hospital health examination center. At the time, the results of the instant health examination for the Plaintiff are as follows.

(unitdB)

A person shall be appointed.

E) On the other hand, according to the opinion issued after ○○○○○’s post-person and ○○○○○○’s post-person on March 20, 2017, after conducting a hearing on the Plaintiff, the Plaintiff appears to have contributed to the cause of occupational environment and noise exposure in a state that impedes social life with 60 to 70dB on March 20, 2017, while displaying the station value of both 60 to 60dB on either side of the B/L test on March 20, 2017.

(iii) medical opinions

A) General theory

○ The term “salutism” refers to a pans which are caused by abnormal functions in the sense of the noise of the galutic glare, or which is transmitted by the noise to the brain with a pansculous stimule, and the panscule is the kind of noise. On the other hand, the panscule refers to the pansculity of the noise from the outside, and the pansculous panscule refers to the state in which the sound is stimulated in the absence of a pansculic sti

There are very diverse causes of chromatic chrophism. In other words, chrophism diseases such as chrophism and cerebral chrophism, noise chromatic chrophism, toxic medicine, side breathosis, etc., elderly chromatic chrophism, mephical chrophism, phropical chrophism, cerebral chrophism, and other blood diseases such as cerebral chrophism, chrophism, chrophism, chrophal chrophism, etc., and chromatic chrophism is likely to cause chrophal chrophical chrophism in terms of chrophical chrophism, chrophism, etc.

○ Generally, noise-related difficulties are likely to occur when the sound of 90dBA was exposed at least 8 cc a day in the workplace, and the intensity of 5dBA increases in the environment of 5dBA (e.g., 95dBA, 4 hours in 95dBA, 100dBA, 105dBA, 30 minutes in 110dBA, 115dBA, 30dBA, 120dBA, 15 minutes in 15 minutes in 120dBA). In addition, when the sound of the explosion of 120dBA or more is exposed, damage of Cheong power by one exposure is likely to occur. Generally, there is a clear academic basis for noise.

B) Results of commissioning the director of the ○ University affiliated to the Department of the First Instance to conduct physical examination

As a result of the net impact test on the Plaintiff, the Plaintiff’s minimum scope of hearing was measured at the right 65dB and left 70dB.

If the noise from a fire-fighting vehicle was exposed to at least 15 minutes a day on an average, the noise risk office may be recognized.

The causal relationship between the noise noise and the noise noise in 000 can be assessed after the actual noise measurement has been completed, and even if the noise noise in 000 has been recognized, the factors other than the noise in 000 have contributed to the present difficulties.

C) The result of the commission of the medical record appraisal to the head of △ University of the first instance court and the fact inquiry by this court

The sound of the fire fighting vehicle is 120dBA at first intervals with a sound size of 120dBA, and frequency is within 300 to 700 Hz. Generally, the limit that causes noise in the state of noise generally occurs eight hours a day, and 90dBA with a size of 90dBA.

It cannot be said that the characteristics of the exposure to noise that causes a siren noise and a noise from a noise level are different from each other. However, even if it is short of the name of a sound, it is necessary to allow not less than 115dBA to produce symptoms depending on an individual's assumption, so it is not possible to allow it. Therefore, even if it is controlled by sirens, there is a possibility that a noise level disorder may occur.

There is an item of stress in the cause of the ○ Office.

4) Noise appraisal result

On the other hand, the result of the court dividing the working environment condition by appraiser 00 ○○ 119 Center, etc. and measuring the noise generated in each such environment is as follows.

(1) The size of noise emitted from 2.5 meters on the front of the vehicle at the time of inspecting the equipment of a fire-fighting vehicle.

A person shall be appointed.

(2) The size of noise emitted from 2.5 meters front of the vehicle at the time of dispatch of fire-fighting pumps.

A person shall be appointed.

(3) The size of noise emitted from the front of a vehicle on board a fire-fighting vehicle at the time of dispatch of the fire-fighting vehicle.

A person shall be appointed.

he/she

5) All 43 persons who are classified as persons in need of special health examinations from among 663 persons subject to special health examinations in Jeju area are complaining of this noise distress. their average age is 48.5 years of age, whose average service period is 20.7 years of age.

【Unsatisfied facts, Gap 3 through 13, and evidence of 18 through 20

○ University attached to ○ University in the first instance court (including a number), ○ University attached to ○ University.

As a result of the commission of physical examination on the president, ○ University Head of the first instance court

As a result of the request for appraisal of medical records, the court's request for noise appraisal to the appraiser 000

As a result of the deposit, the inquiry results on the head of △ University Hospital of this Court, the first instance court's law

As a result of inquiry into Jeju Special Self-Governing Province Governor, this Court's Jeju Special Autonomy

Results of fact inquiry to the director general of the Do and purport of whole pleadings.

(d) Determination.

1) The term “official disease” which becomes the requirement for payment of expenses incurred in the performance of public duties as prescribed by the Public Officials Pension Act refers to a disease caused by the performance of official duties. As such, there should be causation between the occurrence of official duties and disease, and the causal relationship should be attested by the party asserting it. However, such causal relationship does not necessarily have to be proved clearly in medical and natural science, and where proximate causal relationship is acknowledged from a regular perspective, it should be deemed that there is proof (see, e.g., Supreme Court Decision 2011Du32898, Jun. 11, 2015).

2) In full view of the following circumstances, based on the above facts acknowledged, comprehensively taking into account the evidence and the purport of the entire arguments as seen earlier, it is reasonable to view that the Plaintiff’s disease occurred due to high noise and stress exposure during his/her term of office as a fire-fighting official, or the difficult office generated due to an unforeseen cause has aggravated natural progress due to high noise, etc., and led to the current state. Therefore, it is recognized that there is a proximate causal relation between the Plaintiff’s execution of official duties and the branch of the instant case.

① According to the court’s noise appraisal, the noise level measured in the Plaintiff’s daily working environment exceeds 90dBA, and in serious cases exceeds 115dBA. In light of the Plaintiff’s working period, work experience, and work details (the Plaintiff was frequently engaged in fire-fighting activities by using fire-fighting vehicles, etc. during fire-fighting while in office as fire-fighting officials, and has been performing equipment inspection activities twice a day). There is a medical opinion that even if the noise level is continuously exposed or any short of 115dBA noise level, the noise level of 115dBA might cause a noise risk if the noise level is exposed to more than 115dBA, and as seen earlier, it can be inferred that all of the fire-fighting units’ work performed by the Plaintiff constituted noise level emission activities that may cause noise noise level.

② Although the Plaintiff was promoted as the head of the fire-fighting team around 201, the Plaintiff was serving as the head of each fire-fighting team in Jeju-do and as the head of each fire-fighting center in 119. However, in the case of the 119 Center, the number of team employees per team was average of 5-6 persons, and the head of each fire-fighting team was employed at the same time as the general members. In the event of night activities, it is confirmed that on-site supervision and on-site activities were carried out simultaneously. In light of such working environment and conditions, the Plaintiff’s promotion to the head of the fire-fighting team cannot be deemed to have reduced noise exposure to the Plaintiff or the Plaintiff’s duty

③ In particular, the Plaintiff did not have any problem before being appointed as a fire-fighting officer, and there is no evidence to deem that excessive noise, other than the duties as a fire-fighting officer, was exposed to the environment where there was a fire-fighting officer after appointment. Moreover, there is no other physical, genetic, and exchangeive factors that may affect the Plaintiff’s ability. In addition, considering that the average age of fire-fighting officers, among the fire-fighting officers subject to the Jeju Special Health Examination, who complained of the noise-related distress, is 48.5 years old, average service period is 20.7 years, and most long-term workers are long-term workers, there seems to be sufficient possibility that the noise-related danger occurred due to continuous exposure to the above degree of noise generated from the fire-fighting officer’s duties for a long time. In this regard, the disease of this case caused by the Plaintiff is presumed to be the main cause of the noise-related disaster.

④ In light of the Plaintiff’s excessive work from around 2007 to 2015 (overtime work, night work, and day work, etc.), it is confirmed that the Plaintiff had been affected by her personal conduct, such as overtime work for at least 400 hours every year, and night work for at least 100 hours, etc., and that there was considerable physical or mental suffering and stress (the Plaintiff was hospitalized into her occupational part even eight months prior to the occurrence of the instant injury). Moreover, it is presumed that her occupational part affected the outbreak or aggravation of the instant injury.

⑤ Meanwhile, according to Article 37(3) of the former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017); Article 34(3) [Attachment 3] of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 28506, Dec. 26, 2017); and Article 74(3) of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 28506, Dec. 7, 2017), in order for the noise level to be recognized as an occupational disease, the diaperic loss caused by exposure to more than three consecutive years in 85dBA or more must be at least 40 cc. In light of the legislative intent and purpose of the Industrial Accident Compensation Insurance Act, the foregoing criteria seems to be an important reference material for determining diseases or injuries caused by official duties under the Public Officials Pension Act. However, in light of the Plaintiff’s daily working environment, the Plaintiff satisfies the above requirements under the Industrial Accident Compensation Insurance Act.

3) Ultimately, even if the proximate causal relation between the Plaintiff’s duty of fire-fighting officials and the injury and disease of this case is recognized, the instant disposition based on the different premise is unlawful.

3. Conclusion

If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is unfair with different conclusions, so it is revoked, and it is decided as per the disposition to accept the plaintiff's claim.

Freeboard

Notarial decoration;

Related Acts and subordinate statutes

▣ 구 공무원연금법(2018. 3. 20. 법률 제15523호로 전부개정되기 전의 것)

Article 35 (Expenses of Medical Care)

(1) Where a public official provides the following medical care due to a disease or injury incurred in performing official duties, the expenses of medical care shall be

Payment shall be made.

1. Diagnosis;

2. Provision of medicines, remedial materials, and prosthetic devices;

3. Treatment, surgery, or other treatment;

4. Convalescence at a hospital or sanatorium;

5. Nursing;

6. Transfer.

(3) The standards for diseases or injuries under paragraph (1) shall be determined by Presidential Decree.

▣ 구 공무원연금법 시행령(2016.7. 28. 대통령령 제27415호로 개정되기 전의 것) 제29조(공무상요양비)

(1) The standards for recognition of diseases or injuries on official duties under Article 35 (3) of the Act shall be as follows:

8. Health conditions from which the causes of the outbreak or aggravation of ordinary diseases have been caused, and the diseases and injuries which have been significantly aggravated due to competition with the performance of duties falling under any of the following items, and which have been newly caused:

(a) Continuous performance of duties in a special environment in which the occurrence or aggravation of a disease is highly probable;

② 제1항 각 호에 따른 공무상 부상 또는 질병에 대한 세부 기준은 총리령으로 정한다. ▣ 구 공무원연금법 시행규칙(2016. 8. 1. 총리령 제1311호로 개정되기 전의 것 )

Article 11 (Official Disease)

(1) A new disease occurs or existing for a public official on any of the following grounds:

If the disease significantly worsens, the disease shall be deemed to be a disease caused on official duty.

1. A disease caused by pneumoconiosis, pulmonary symptoms, heavy metal addiction, image, or copper, etc. in the performance of official duties;

2. A long-term exposure to harmful luminous radiation in performing official duties, such as microwaves, gas, light, heat noise, vibration, abnormal voltage, etc.;

A disease

3. Freshing land, power lines, frameworks, pipes, etc. by continuously performing duties that may impose an excessive burden on the body;

(2) A disease caused by

4. vertebrate, freshed land, etc. by rapidly using power, such as transporting heavy objects in performing public duties;

A disease

5. A disease 6. A communicable disease caused by treating pathogens for the purpose of treatment, nursing, or research of patients in performing official duties, by treating animal, animal hair, and other animal substances in performing official duties;

A disease caused by alphical disease, parasitic infection, etc.;

7. A disease caused by performing duties in an area with wetlands, grassland, or contagious disease in the course of performing official duties; 8. A disease caused by measures to manage the health of an affiliated institution, such as vaccination in the performance of official duties;

9. A disease caused by food provided while performing public duties;

10. Fictitious changes in the working environment or the given conditions of accommodation in the place for performing public duties;

A disease caused by physiological changes;

11. The occurrence of physical or mental problems caused by an increase in the workload, excessive work, etc. in performing public duties;

A disease significantly aggravated;

(2) A disease on official duty must have a reasonable causal relationship between the occurrence and aggravation of the disease.

for a considerable period of time the mental or physical skin continues to have been reduced in physical resistance, thereby resulting in a merger;

Where a cause is caused, the certificate of merger shall be deemed to be a disease on official duty: Provided, That the basic disease or physical reason for the merger shall be deemed to be a disease

The same shall not apply to cases where the natural conditions have been caused or deteriorated by them.

(4) The characteristics, gender, and characteristics of a person who is or was a public official in determining a disease caused on official duties.

나이, 체질, 평소의 건강상태, 기존의 질병 유무, 병가, 휴직, 퇴직 등을 고려하여야 한다. ▣ 구 산업재해보상보험법(2017. 10. 24. 법률 제14933호로 개정되기 전의 것 )

Article 37 (Standards for Recognition of Occupational Accidents)

(3) Specific criteria for recognition of occupational accidents shall be prescribed by Presidential Decree.

▣ 구 산업재해보상보험법 시행령(2017. 12. 26. 대통령령 제28506호로 개정되기 전의 것 ) 제34조(업무상 질병의 인정기준)

(3) Attached Table on the detailed criteria for the recognition of occupational diseases (excluding pneumoconiosis) under paragraphs (1) and (2).

3. The same shall apply to the foregoing paragraph.

[Attachment 3]

Specific criteria for recognition of occupational diseases (related to Article 34 (3))

7. Visual or rare diseases; and

(j) Noise-related hearing;

연속으로 85데시벨[dB(A)] 이상의 소음에 3년 이상 노출되어 한 귀의 청력손실이 40데시벨 이상으로, 다음 요건 모두를 충족하는 감각신경성 난청. 다만, 내이염, 약물중독, 열성 질병, 메니에르증후군, 매독, 두부(頭部) 외상, 돌발성 난청, 유전성 난청, 가족성 난청, 노인성 난청 또는 재해성 폭발음 등 다른 원인으로 발생한 난청은 제외한다.

(i) there shall be no obvious change in the person’s body or weight;

2) As a result of the inspection of the net rating, there is no obvious difference between the value of the Dominar calendar station and the Dominar calendar station value as a result of the inspection of the Dominar calendar, and the Dominar calendar disability is larger than the Dominar calendar. In this case, the method of measuring the Dominar office is as follows.

A) After suspending noise operations for not less than 24 hours, the Cheongdoz test shall be conducted using the net Cheongdoz (Hz) (a), 1,00 Hez (b), 2,00 Haguez (c) and 4,000 Hez (c) and 4,000 Hez (d) by measuring the ludominence level for the frequency of frequencies of 50 Hez (Hz) (b), 1,00 Hez (b), and 4,000 Hez)/she shall be determined by six minutes (a+26+2c+2cd)/6). In such cases, items of inspection and the standards for human resources and facilities of medical institutions to be in charge of the inspection of Mado shall be

B) In the event that there is no significant difference between the prosecutor and the prosecutor at least three times (at least three times at intervals of 30 days after the completion of medical care with respect to a sound and external hearing room) at a time between three to seven days depending on the doctor’s decision, the minimum amount of the hearing disorder among them shall be recognized as the hearing disorder, and where the test result does not meet the following requirements, a re-examination shall be conducted after one month.

(a) The difference between the tegropical tegropical tegropical tegropic and the tegropical tegropical tegr

(2) The difference between the two lux values of the solar Act, the Lower River Act, and the mixed Act, shall be 10 luxs

It shall not exceed the extent;

(c) the Cheonggrgical value of each frequency is lower or same in comparison with the Cheonggrgral value of the subordinate method.

(4) The difference between the maximum value and the minimum value of the honest calendar between repeated inspectors shall be 10 ccl. per frequency.

It shall not exceed the extent;

(5) 순음청력도상 어음역(語音域)(500헤르츠, 1,000헤르츠, 2,000헤르츠)에서의 주파수

If the reverse changes between the values are less than 20 centimeters, the three-minute average value and the value of the bill audience value of the net negative load station;

The difference is not more than 10%. Finally.