장해급여부지급처분취소
1. The Defendant’s disposition to pay disability benefits to the Plaintiff on September 6, 2017 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. From June 1979 to November 1, 1998, the Plaintiff served as a mining source in the Korea Coal Corporation B Mining Center, and on December 29, 2015, the Plaintiff diagnosed the two sides of the dialogic nephism, the noise risk, and the second name (hereinafter “the instant injury”). On February 25, 2016, the Plaintiff claimed disability benefits to the Defendant.
B. However, on September 6, 2017, the Defendant rendered a disposition to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “this case’s injury and disease is difficult to recognize a proximate causal relation with the Plaintiff’s work.”
C. The Plaintiff appealed and filed a request for review with the Board of Audit and Inspection, but was dismissed on May 30, 2018.
[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 to 4 (including virtual numbers) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff lost Cheong power by being exposed for a long time to noise generated within underground pits while performing the work of collecting coal and operating cars in B mining centers.
Therefore, even though the injury or disease of this case occurred due to the plaintiff's work, the disposition of this case which did not recognize it as an occupational disease is unlawful.
B. Fact 1) The Plaintiff (C) performed the work of operating the engine operation from June 8, 1979 to October 31, 1979, from November 1, 1979 to December 31, 1983, from January 1, 1989 to December 31, 1983, from January 1, 1984 to April 12, 1993, and from April 13, 1993 to November 16, 198.
B) According to the average noise measurement values by process for five years by the Defendant’s mining facilities (at least 20 full time workers) in operation in line with the Defendant’s noise risk assessment standards, the noise measurement of the remaining coal process is also 86.9dB. 2) medical opinions. (B) The highest hearing power as a result of three times the net view of the original opinion with e-mail: 45dB and 47dB, working in a noise environment for about 26 years.