장해급여부지급처분취소
1. The Defendant’s disposition of paying 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. The Plaintiff, from around 1970 to around 1989, performed the work of digging throughout the field, such as digging, while serving as a rock in the Soul Mining Center, etc.
B. On April 18, 2016, the Plaintiff was diagnosed by the Yangchine Ethal Ethical Distress (hereinafter “instant injury”) at the Hospital B, and applied for disability benefits to the Defendant.
C. On October 17, 2016, the Defendant rendered the instant disposition on the payment of disability benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “the instant injury and disease is deemed to be a senior citizen’s infertility.”
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 6, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The plaintiff's assertion was exposed to considerable noise while expanding and collecting coal, and the disease of this case was caused by the plaintiff's work at the noise workplace, but the prior disposition of this case was unlawful on different premise.
B. The Plaintiff’s work record and work environment were measured from around 1970 to about 20 years from around 1989 by the Plaintiff from the 1970 to the 1989. According to the Defendant’s noise risk management standards (i.e., January 14, 2016), the Defendant’s noise measurement of the first rock out of the average noise measurement of the last five years of the mining stations in operation (at least 20 regular workers) constitutes 89.3dB, and 91.10dB, the noise measurement of the first rock out of the average noise measurement of the five years of the mining stations in operation (at least 20 regular workers) was conducted. (ii) According to the result of the examination of the Cheongsung’s positive noise history, the Defendant’s work period was exposed to the noise for about 57dB, the left-hand side of 58dB(4 minutes), and the result of the examination of the first noise of the second 20th 20th Da.636.