장해급여부지급처분취소
1. The Defendant’s disposition to pay disability benefits to the Plaintiff on October 17, 2016 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On January 22, 2016, the Plaintiff: (a) was diagnosed as “consceptic chronological dynasty, noise risk,” and claimed disability benefits for the instant injury and disease to the Defendant.
B. However, on October 17, 2016, the Defendant rendered a decision that the Plaintiff would not pay disability benefits claimed by the Plaintiff on the ground that there was a result of deliberation by the Integrated Examination Committee at the Defendant Daegu Regional Headquarters that both sides of their return fall short of the standard by determining that they were senior citizens’ distress (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Board of Audit and Inspection, but the request for review was dismissed on July 2, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 6 (if available, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion meets the criteria for recognition of noise noise level under the Industrial Accident Compensation Insurance Act, in view of the fact that the Plaintiff was exposed to noise in the course of performing his duties, including coal production, etc. for about nine and a half years, and that there was no defect in both sides of the Plaintiff and there was no other injury or disease in the Plaintiff. Thus, the instant injury or disease was caused by noise or the Plaintiff’s distress in the ability to become worse beyond the natural progress by noise, but the instant disposition based on a different premise is unlawful.
B. Fact 1) The Plaintiff (C) served from 1983 to 1984 with D from March 20, 1988 to March 20, 198, from April 1, 198 to September 28, 1991 to October 7, 1991 to March 1, 1993.
(B) The period during which the Plaintiff performed the work of collecting coal or digging shall be from October 14, 1989 to September 10, 1991, and from October 7, 1991 to March 1, 1993).