beta
(영문) 울산지방법원 2020.02.13 2019구단528

장해등급결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On August 22, 2005, the Plaintiff joined the Sacheon Shipbuilding Co., Ltd., Ltd., and retired from office on March 12, 2015, performed the production and management of the block and the management of the tower at the noise department. On November 2, 2016, the Plaintiff was diagnosed on November 2, 2016, 201, as of the time when the Plaintiff retired, and claimed disability benefits to the Defendant Corporation on November 9, 2016.

According to the results of the special medical examination against the plaintiff, the plaintiff's direct and emotional loss meets the criteria for recognition of occupational accidents, and the minimum amount of the hearing ability is 52.5dB and 38dB on the left-hand side, and thus, the defendant Corporation disposed of the disability grade No. 14 grade 1 (the average hearing loss of the first return is more than 40 cc. but less than 70 cc.).

The Plaintiff asserted that the above disability grade should be raised, and the Defendant Corporation filed a request for a review on October 31, 2017, but was dismissed on this date, but was dismissed on April 20, 2018.

【In the absence of any dispute, the entries in Eul evidence Nos. 1 through 9, and the purport of the entire argument of the plaintiff's assertion of the purport of the whole pleadings occurred on both sides due to the work exposed to the noise environment for a long time. According to the plaintiff's opinions, etc., or the medical certificate issued by the plaintiff, etc., the plaintiff's hearing losses are recognized as the plaintiff's hearing losses on both sides and right, and the disability grade No. 5 of grade No. 11 (the average hearing losses on both sides) against the plaintiff are recognized as the plaintiff's hearing losses on both sides. However, the disposition of this case should be revoked on the premise that the plaintiff's hearing losses on both sides are recognized as 40dB or more, and that the plaintiff did not recognize the right-hand return on the left-hand side.

It shall be as shown in the attached Form of the relevant statutes.

As a result of the inspection of the net records of the Plaintiff’s medical opinion that recognized the legality of the instant disposition, a comprehensive medical institution’s positive records examination.