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1. The Defendant’s disposition of determining a disability grade against the Plaintiff on February 22, 2018 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. While working in B, the Plaintiff filed a claim for disability benefits by asserting that the Plaintiff was diagnosed as “the influence and noise in the left and right-hand noise in the face” (hereinafter “the injury in this case”).
B. On May 23, 2017, the Defendant issued a disposition to pay disability benefit site to the Plaintiff, but the said disposition was revoked following a request for review. On February 22, 2018, the Defendant decided on the Plaintiff’s disability grade No. 11 subparag. 5 (hereinafter “instant disposition”) against the instant injury and disease on the premise that the Plaintiff’s hearing ability is 45dB on the left-hand side, and 40dB on the premise that the Plaintiff’s hearing ability is 45dB on the right-hand side (hereinafter “instant disposition”).
C. The Plaintiff filed a request for examination against the Defendant, but the Defendant dismissed the request for examination on June 28, 2018.
In other words, the Plaintiff filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the request for reexamination on December 31, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s disability grade of hearing power shall be based on the result of the net hearing according to the method of measurement prescribed by the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”). According to the result of the net hearing test conducted in the first special examination, the Plaintiff’s disability grade shall be class 7 of class 9 according to the result of the net hearing test conducted in the second special examination of class 7, class 2, and the second special examination of class 7, and even based on the result of the chemical reaction test conducted in the special examination, class 7 of class 9 should be class 7. However, even if it is based on the result of the chemical reaction test conducted in the special examination of class 7, the Defendant disposed of the instant case based on the result of the chemical reaction test conducted by the Plaintiff doctor without any ground, and thus, it shall be revoked unlawfully
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. As to the Plaintiff 1.