장해등급결정처분취소
1. The Defendant’s disposition to pay disability benefits to the Plaintiff on January 28, 2019 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The plaintiff (B) worked for about 10 years and eight months from February 12, 1970 to November 2, 1980 at the Korea Coal Corporation, the Korea Coal Corporation (from February 12, 1970 to October 19, 1972), the digging assistant (from October 20, 1972 to March 31, 197) and the pit subsidiary (from April 1, 1973 to February 28, 197) and the pit subsidiary (from March 1, 1978 to November 28, 198), respectively, performed their duties from March 1, 198 to 3 years from May 198, 198, without doing so. < Amended by Act No. 3274, Mar. 1, 1978; Act No. 3705, Nov. 13, 198>
B. On March 13, 2018, the Plaintiff filed a claim for disability benefits with the Defendant upon a disability diagnosis from the F. B. F. B. N. N. N. M. F. M. F. M. F. M. F. M. F. M. F. M. C. to “W. M. M. E. M. E. M. E
C. On January 28, 2019, the Defendant rendered a disposition on the payment of disability benefits (hereinafter “instant disposition”) against the Plaintiff on the ground that “In full view of the Plaintiff’s age (75 years old), period after suspension of noise exposure (including about 24 years old), and the fact that the characteristics of the noise in the form of the hearing room seen in the degree of hearing of the peculiar results are not verified, the Plaintiff’s difficulty in receiving disability benefits (hereinafter “instant disposition”) is deemed to be low in relation to the past noise business.”
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and 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 85dB noise while performing duties such as digging and collecting coal for about about 17 years and four months in the Korea Coal Corporation, the Korea Coal Corporation, the Korea Resources Corporation, etc., and thereby, the occurrence of noise-related difficulties.
Even if the plaintiff's difficult hearing at present is considered to be mixed with the elderly's difficult hearing, the elderly's difficult hearing is natural due to the noise-related difficult hearing.