장해급여부지급처분취소
1. The Defendant’s disposition of paying disability benefits to the Plaintiff on April 22, 2019 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On December 16, 2017, the Plaintiff (B) filed a claim for disability benefits with the Defendant, upon the diagnosis of “Bomic Cheongneopic Cheongneopic Cheongneic Cheongneic Cheongneic Cheongneic Cheongneic Cheongneic Cheongneic Maneic Maneic Manecopic Maneum (hereinafter “the instant injury”).
B. On April 22, 2019, the Defendant rendered a disposition to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “it is insufficient to deem that there was an accident at the present office due to work in consideration of the impact of the opportune loss (the elderly’s distress) caused by the elderly age, although it was exposed to noise for a long time as a mining employee for a long time” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s argument that the Plaintiff’s hearing falls under the noise-related distress caused by the noise generated from coal mine operations, or that caused the current state due to the damage of the sensical disorder by noise, which led to the progress of the senior citizens’ distress beyond the natural progress speed, and there is a proximate causal relation between the business of the instant upper branch and the instant case.
Therefore, the defendant's disposition of this case made on a different premise is unlawful.
B. Facts 1) The Plaintiff was engaged in the Plaintiff’s duties from June 1974 to March 1980 in D Mining Complex; from November 1985 to March 1989 in E Mining Complex; from October 1, 1989 to October 1, 198; from September 1, 1990 to December 1990 in G Mining Complex; from H from January 1, 1991 to September 1, 1992; from November 1 to June 1, 1992; from J to June 1, 1994; and from J from November 1 to December 1, 1994 to December 1, 1994.
B) The noise level for each business is the Defendant’s noise level on January 14, 2016 (the average noise level for five years by process (at least 20 regular employees) of the Korea Noise and Disaster Agency (at least 20 regular employees)). The Defendant’s noise level is coal86.9dB, digging 91.10dB, and the Defendant’s noise level was the Defendant’s noise level of August 2017.