beta
(영문) 서울행정법원 2019.02.08 2018구단72959

장해급여부지급처분취소

Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on November 3, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff served as a light-based worker as follows.

B and C are the subordinate companies of the Korea Coal Corporation D Mining Corporation.

D Mining Corporation (10 months a year) of March 13, 1979 to February 1, 1981, 1981, annexed coal B B (10 months a year) of around 1983 to February 1, 1984, from around 1986 to February 1, 1989 (5 years and 1 months a year a year a year), C of February 1, 1989 to March 9, 193 (4 months a year a year)

B. On April 7, 2016, the Plaintiff was diagnosed by the EBE NBE NIE as “consissis from the two sides,” and was diagnosed by the EBE NIE.

C. The plaintiff is the above A.

On November 3, 2016, the Defendant filed a claim for disability benefits with respect to the Defendant on the ground that it is difficult to recognize that there was a proximate causal relationship between the occurrence of an infertility and the Plaintiff’s work, even if the noise was continuously exposed to the noise while working in the light as described in the port. However, on November 3, 2016, the Defendant rendered a disposition for disability benefits with respect to the Plaintiff (hereinafter “instant disposition”).

【Non-contentious facts, Gap’s evidence 1 through 5, Eul’s evidence 6-1, 2, Eul’s evidence 1 and 4, and the purport of the whole pleadings

2. The term "occupational accident" under the Industrial Accident Compensation Insurance Act refers to an occupational accident caused by a worker's occupational performance, and thus there is a causal relationship between the occupational accident and the disaster. However, even if the accident is an existing disease which is not directly related to the business, if it becomes worse or becomes worse due to an occupational accident, etc., it shall be deemed that there exists a causal relationship between the occupational accident and the occupational accident. In this case, the causal relationship shall be proved by the arguments regarding the causal relationship, but it shall not be clearly proved by medical and natural science, and considering all the circumstances such as the health condition of the worker at the time of employment, the developments leading up to the occurrence, the details of the disease, and the progress of treatment.