장해급여부지급처분취소
1. The Defendant’s disposition to pay disability benefits to the Plaintiff on August 26, 2015 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff worked as a mining source from June 24, 1973 to January 17, 1984 from Gangwon Coal Co., Ltd. (hereinafter “Gangwon Coal”), and retired on February 10, 1984.
B. On December 22, 2006, the Plaintiff was diagnosed as a normal view on both sides of the instant hospital’s view, and was diagnosed as a “pacteral pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic path or more on both sides of the instant hospital,” and was registered as a disabled person on January 2, 2007 by the Tae Mak market under the Welfare Act
C. On July 6, 2015, the Plaintiff received a diagnosis from the Yangchine Epina Medical Center (hereinafter “The instant injury and disease”), and filed a claim for disability benefits for the instant injury and disease with the Defendant on July 28, 2015, after receiving the diagnosis from the Yangchine Epina Medical Center.
On August 26, 2015, the Defendant rendered a decision to pay disability benefits to the Plaintiff on the ground that “the Plaintiff retired from office on January 17, 1984, when he was on duty due to an occupational accident on January 13, 1984 at the time when he was on duty, and the record of working in the noise environment was not verified thereafter, the date when the Plaintiff was not on duty exposed to noise is determined as January 17, 1984, and that on July 28, 2015, the date when the Plaintiff was on which the claim for disability benefits was received, three years have passed thereafter, and thus, the Plaintiff’s claim for disability benefits became extinct due to the statute of limitations (hereinafter “instant disposition”).
E. Accordingly, the Plaintiff filed a request for review with the Defendant, but “the Plaintiff from the Defendant” was confirmed on January 2, 2007, before being diagnosed by the Noise Agency on July 6, 2015, on the certificate of the disabled on January 2, 2007, and considering the intention of diagnosis on the certificate of disability at the time, “Industrial Accident Compensation Insurance Act (hereinafter referred to as “Industrial Accident Compensation Insurance Act”)”.
Since it is reasonable to see that the workplace was diagnosed in accordance with the criteria for recognition of occupational diseases as prescribed by the above, it is the first day and the first day of noise in relation to the plaintiff's noise in distress.