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1. The Defendant’s disposition of disability benefit site payment against the Plaintiff on September 24, 2014 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. After September 4, 1980, the Plaintiff was working in Hyundai Heavy Industries Co., Ltd. (hereinafter “Non-Party”) and filed a claim for disability benefits under the Industrial Accident Compensation Insurance Act with the Defendant on September 2, 2014 that the noise generated from the non-party company was caused by the schine chillic nephism (hereinafter “the instant injury”).
B. From January 1, 2010, the Defendant rendered a disposition that the Plaintiff would not pay disability benefits to the Plaintiff (hereinafter the instant disposition) on September 24, 2014 on the ground that the three-year extinctive prescription has already expired from the time when the non-noise department applied for disability benefits, since the Plaintiff worked in the non-noise department due to difficulties (hereinafter “non-noise department”).
[Reasons for Recognition] Unsatisfy, Gap 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The starting point of counting the statute of limitations for the Plaintiff’s claim for disability benefit against the claimed noise in distress is when it deviates from the place where the noise in distress might arise. The Plaintiff worked in a department that could induce or deteriorate the noise in distress at the time of the instant disposition. As such, the statute of limitations for the right to claim disability benefit for the injury in the instant injury did not expire.
B. Facts of recognition 1 - The records of duties of the Plaintiff - The records of the Plaintiff’s work in the non-party company are as follows.
The work period of the affiliated department shall be from February 21, 1982 to October 25, 1983 from October 26, 1983 to March 11, 1985 from March 4, 1985 from March 12, 1985 to February 12, 1987 from February 1, 1982 from February 21, 1982 to August 26, 1983 from March 26, 1983 to March 11, 1985 from March 3, 1985 from March 12, 1985 to February 11, 198 from February 16, 198 to July 3, 198 from July 14, 198 to July 14, 198.