beta
(영문) 서울행정법원 2019.12.12 2019구단58790

장해급여부지급처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, a man born B, worked in Ctan for about five months around 1981, and the details of the Plaintiff’s work performed in Ctan mine are difficult to understand.

However, it is recognized that the Defendant has a noise exposure capacity of not less than seven years to the Plaintiff, including the above Ctane period.

1982. 9. 1.부터 1989. 5. 31.까지 D광업소에서 채탄부(採炭夫)로 근무하였다.

The Plaintiff stated in the instant complaint that “from about 25 years to 1989, the Plaintiff served as an coal mine in D Mining Center, etc.”

In addition, the certificate (Evidence No. 8) submitted to this Court states that "40 years have elapsed in the F Mining Facility, Gtane, Ctane, and D Mining Facility."

However, in addition to the details of the Plaintiff’s work in Ctan for about five months around 1981 and the details of work performed in D Mining Offices from September 1, 1982 to May 31, 1989, the details of work performed in D Mining Offices are not verified through objective data.

On the other hand, the Plaintiff submitted to the Defendant on June 27, 2018 only stated the Plaintiff’s work experience in the D Mining Center from 1982 to 1989, as the Plaintiff’s work experience in the D Mining Center.

나. 원고는 2015. 10. 27. 보령시 소재 E의원에서 ‘양측 감각신경성 난청, 양측 소음성 난청 의증’ 진단 감각신경성 난청(感覺神經性 難聽, sensorineural hearing loss)은 내이(內耳) 달팽이관의 소리를 감지하는 기능에 이상이 생기거나 소리에 의한 자극을 뇌로 전달하는 청신경 또는 중추신경계의 이상으로 발생하는 난청을 가리키는 것으로, 소음성 난청은 감각신경성 난청을 유발하는 여러 원인 가운데 하나이다.

the defendant's claim for disability benefits (hereinafter referred to as "previous claim") on April 21, 2016.

The defendant on June 21, 2017.