장해급여부지급처분취소
1. The Defendant’s disposition to pay disability benefits to the Plaintiff on June 7, 2017 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. From December 1, 1969 to February 29, 1980, the Plaintiff served in the Habae Mining Center of the Korea Coal Corporation. On May 23, 2016, the Plaintiff was diagnosed with the “Savegneal dynasty and noise dynasty” (hereinafter “instant dynasty”) and claimed disability benefits to the Defendant.
B. However, on June 7, 2017, the Defendant rendered a disposition to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff was working in the Habae Mining Center of the Korea Coal Corporation for more than three years in total, but considering the age at the time of the examination of Cheong power and the period of suspension of noise exposure (a period of about 36 years), it is difficult to recognize a proximate causal relation with the duties of the Haba.”
C. The Plaintiff filed a request for examination against this objection, but was dismissed on November 1, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff was exposed for a long period of time to noise generated within underground pits while performing a 10-year-a-year-a-year-a-year-a-year-a-year-a-year-a-go mining center in
Therefore, even though the injury or disease of this case occurred due to the plaintiff's work, the disposition of this case which did not recognize it as an occupational disease is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. Fact 1) The Plaintiff (B) performed his duties in the Habae Mining Center from December 1, 1969 to February 29, 1980.
B) According to the average noise measurement by process for five years by the Defendant’s mining center (at least 20 full time workers) in operation in line with the Defendant’s noise risk management standards, the average noise measurement for five years by the eths of coal processing is 86.9dB.2) Ga (the average noise measurement for five years by the eths of the eths: 86.9dB.2)