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(영문) 서울행정법원 2018.08.16 2017구단78929

장해등급결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 16, 2017, the Plaintiff filed a claim for disability benefits with the Defendant on the ground that the Plaintiff was receiving an approval of the medical care from the Defendant and concluded the medical care with the noise-causing station and the second person (hereinafter “the instant injury and disease”).

B. On September 19, 2017, the Defendant: (a) deemed that the Plaintiff’s hearing power constitutes “a person who is unable to find out the small cancelled interest at a distance of at least one meter in entirety;” and (b) decided that the Plaintiff’s disability grade No. 11 class 5 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion not only shows the symptoms of noise-causinging symptoms, but also shows a false name, and thus, the plaintiff's disability grade is not class 5 but class 7 of class 9 (the person who could not know about a large cancellation rate at a distance of at least one meter in both the hearing power of both ears), and the defendant's disposition of this case made on a different premise is unlawful.

B. Medical view 1) - Medical certificate of diagnosis issued on August 31, 2015 (a hospital at the time of the application for medical care benefits) from Gangwon National University Hospital (a) - Medical Institution Hospital (a hospital at the time of the application for medical care benefits): Opinions on medical treatment - With respect to treatment after the arrival of the right 48dB, the left-hand 38dB, and each 38dB shown on the left-hand 4kHz, and particularly, medical certificate issued on April 15, 2016 - Medical certificate issued on April 15, 2016 - Medical certificate of diagnosis issued on April 15, 2016 - because the cumulative noise-generating was certain of the same work experience, it is likely that the cumulative noise-generating level might have been the cause of some of the Cheongwon National University Hospital (a special medical examination conducted on February 17, 2016) - At the right-hand address and implemented on February 17, 2016.