장해급여부지급처분취소
1. The Defendant’s disposition to pay disability benefits to the Plaintiff on August 6, 2018 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On June 2, 2016, the Plaintiff diagnosed each other’s pathal dysia (hereinafter “instant dysia”) on both sides, and claimed disability benefits to the Defendant.
B. On August 6, 2018, the Defendant issued a land-based disposition on the Plaintiff’s claim for disability benefits (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relationship with the instant upper branch on the ground that it is difficult to recognize a proximate causal relation with the instant upper branch’s work based on the results of a specialized investigation into business-related nature, in full view of the Plaintiff’s history of noise exposure occupation, age, suspension period of noise exposure, doctor’s opinion, and special medical opinion.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the instant injury and disease occurred between about 15 years and about 1990, about 3 years and 4 months between 1998 and 2004, and over a total of 18 years, since the Plaintiff was exposed to noise in the course of digging and digging through mines, etc., and the instant injury and disease occurred, the instant disposition made on a different premise shall be revoked as unlawful.
B. Fact 1) The Plaintiff’s noise labor-management experience from 1983 to 1984 worked for D Co., Ltd., and from June 16, 1987 to May 16, 1991, the Plaintiff worked for the F Co., Ltd. as a steering car in E Co., Ltd. (the Plaintiff’s noise labor-management experience was suspended due to an occupational accident from July 22, 1990 to March 21, 191.
From October 15, 1998 to July 14, 2004, the construction work, such as Daegu subway Fworkle, etc., was performed. 2) Medical Opinions (A) As a result of the Plaintiff’s inspection of Cheongchian’s net records of Cheongchian, each of the 110dB attributable to each side of the 110d Cheongchian caused a serious Cheongchian disability. b) special diagnosis results - The results of this study are the right-hand, right-hand, right-hand, left-hand, and mixed to the upper-hand side.