장해급여부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 25, 2018, the Plaintiff diagnosed each other’s pathal dysia (hereinafter “instant dysia”) from the sources of Episia, and claimed disability benefits for the instant dysia to the Defendant.
B. On September 4, 2018, the Defendant rendered a disposition of site pay (hereinafter “instant disposition”) against the Plaintiff’s claim for disability benefits on the ground that “In light of the Plaintiff’s age, the period of the Plaintiff’s age, the period after the suspension of noise work (including about 14 years), the time when the Plaintiff came to recognize the symptoms of the Plaintiff (including 10 years), and the type and degree of the psy from the Cheongdo as a result of a special diagnosis, the Plaintiff presented an opinion that it is difficult to see that there was a causal relationship with the Plaintiff on the ground that there was a typical type of noise.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is unlawful in light of the following: (a) while working in C, etc. from January 1, 1987 to March 2004, the Plaintiff was exposed to the noise exceeding 85dB during the process; (b) there was no obvious difference between the Plaintiff and the Plaintiff; and (c) the Plaintiff’s risk of noise appears in the typical form of noise state, even if there was a proximate causal relation with the Plaintiff’s work; and (d) the instant disposition based on a different premise is unlawful.
B. Fact 1) The Plaintiff’s work experience from around 1987 to October 25, 1991; from March 30, 1992 to January 1, 1994; from March 30, 1992 to January 1, 1994, from Co., Ltd. F, from June 21, 1995 to June 23, 1997 to Co., Ltd.; from September 1, 2003 to April 1, 2004 to H Co., Ltd., respectively, work for each of the medical opinions of the Plaintiff’s main - each of the two sides of the Plaintiff, and from the result of the inspection of sound and visual history.