beta
(영문) 서울고등법원 2020.12.16 2020누37606

장해등급결정처분취소

Text

1. Revocation of the first instance judgment.

2. The Defendant’s disposition of determining a disability grade against the Plaintiff on March 6, 2019 shall be revoked.

Reasons

1. The reasons why the court should explain this part of the disposition are as stated in the two pages of the judgment of the court of first instance, except for the modification as follows. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. At the right side of the 2nd parallel of the 2nd parallel of the “niveal chronological Spence”, the hereinafter referred to as the “nives of this case” is the injury.

"in addition".

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 소음사업장에서 근무하기 전에는 정상 청력을 유지하고 있었는데 업무로 인하여 좌측 귀가 전농(全聾) 상태로 되었고 우측 귀 역시 난청이 발생하였다.

Even if the plaintiff had already been suffering from the left-hand ear before his work at the noise business place, the problem of left-hand ear caused the deterioration of the state of farming due to the deterioration of the natural environment.

Nevertheless, the Defendant’s disposition of this case, which was based on the premise that the Plaintiff had already returned to the left-hand side of the Plaintiff before working at the noise business place, should be revoked.

B. The reasons why this court should explain this part of the facts of recognition are as stated in the part of “AA” written in 2-4 pages of the judgment of the court of first instance, except for the modification as follows. Thus, this part of the facts of recognition is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

4 The term "this court" in the 6th place shall be deemed to be "court of the first instance."

4. The following shall be added under the 3rd below:

5) The result of the fact-finding conducted by the head of the Seoul University Hospital of this Court - The noise is one of the important aggravation factors of the state in distress. - The noise can be associated with noise exposure to the deterioration of the left-hand in distress, but in the case of the state in distress, it is both sides and does not exceed 40dB from low-frequency and 70dB from high-frequency.