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(영문) 서울행정법원 2020.03.31 2019구단57469
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on March 1, 2018 is revoked.

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

Reasons

1. Details of the disposition;

A. On March 18, 2016, the Plaintiff (B) filed a claim for disability benefit with the Defendant, asserting that “The instant injury or disease was continuously exposed to noise while working in the mining center from around 1974 to 1992” at the hospital located in Gangseo-si, Gangwon-do, and that “The instant injury or disease was caused by exposure to noise” in the mining center.

B. On March 1, 2018, the Defendant rendered a disposition of disability benefit site pay (hereinafter the instant disposition) to the Plaintiff according to the results of deliberation by the Integrated Review Committee by the Seoul Regional Headquarters, “unsatisfying to recognize a causal relationship with the office of accident.”

C. The Plaintiff filed a request for examination with the Defendant on July 24, 2018. The Defendant dismissed the Plaintiff’s request for examination in accordance with the results of the Industrial Accident Compensation Insurance Review Committee’s review, stating that “The Plaintiff was diagnosed at the time of the lapse of at least 20 years after leaving the workplace of noise, there is no data that can verify the degree of the low-speedness of the Plaintiff’s work at the time of his/her work or immediately after his/her retirement, and that the result of the special medical examination does not fit the sound-to-work pattern of his/her noise, according to the outcome of the special medical examination, it is deemed difficult to recognize the causal relationship between the Plaintiff’s past noise work performance and the present state of his/her integrity.”

The Plaintiff filed a request for reexamination on October 16, 2018. However, on January 15, 2019, the Industrial Accident Compensation Insurance Reexamination Committee (hereinafter “Industrial Accident Compensation Insurance Reexamination Committee”) was exposed to more than three years in noise of more than 85dB, and as a result of the special diagnosis, it is confirmed that the luxiness loss of both sides on the right-hand 47dB and the left-hand 47dB is more than 40dB, but it was about 24 years after leaving the noise at the time of the diagnosis in 2016. The possibility of hearing due to other causes cannot be ruled out because there is no data to verify the degree of luxity decline immediately after the completion of the work at the instant workplace or after the retirement. As a result of the special diagnosis, the net luxian did not fit the characteristics of the noise lux.

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