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

A. On January 25, 2016, the Plaintiff filed a claim for disability benefits with the Defendant on the ground that the Plaintiff could not be deemed to have been exposed to more than 85dB noise continuously for more than 15 years at a noise-generating plant, such as coal mines and smoke coal factories. However, on November 18, 2016, the Defendant rendered a disposition on the payment of disability benefits (hereinafter “instant disposition”).

B. The Plaintiff, who was dissatisfied with the instant disposition, filed a request for review to the Defendant, but dismissed.

In other words, the plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the Industrial Accident Compensation Insurance Reexamination Committee was continuously exposed to more than 85dB noise for more than 3 years.

On September 21, 2017, the Plaintiff’s petition for reexamination was dismissed on the ground that the Plaintiff’s loss of hearing power cannot be seen as due to noise, and that the loss of hearing power on the left side is less than 40dB.

[Judgment of the court below] Facts without a dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff continued to be exposed to noise while working in the workplace B, etc. for not less than 15 years, and that caused the occurrence of an incurable accident.

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) The former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017; hereinafter the same applies)

Article 37 (1) provides that "if an employee suffers from an injury, disease or disability or dies due to any of the following causes, it shall be deemed an occupational accident: Provided, That this shall not apply where there is no proximate causal relation between the duty and the accident." subparagraph 2 A

"In the course of performing duties" as one of the occupational diseases.