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(영문) 서울행정법원 2020.05.22 2019구단66043
장해급여 불승인처분취소
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 July 6, 1978, the Plaintiff joined B Co., Ltd. (C. on March 16, 2000, and its trade name was changed to D Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) and retired on December 31, 2015 when performing the business of manufacturing and repairing facilities within the roll assembly process in pressure, annual installments, etc.

B. On February 17, 2016, the Plaintiff received the diagnosis of “Arrithic nives of both sides,” and filed a claim for payment of disability benefits to the Defendant on March 2, 2016. On January 9, 2017, the Defendant decided that the Plaintiff’s disability grade No. 14 subparag. 1 (hereinafter “previous disposition”) was an authorized disease with only the Plaintiff’s “Arrithic nives of noise,” on the ground that “Arrithic nives of noise, but the right side is deemed to be not related to noise,” and only the Plaintiff’s “Arrithic nives of noise,” on the ground that “Arrithic nives of noise,” the Plaintiff’s disability grade was determined (hereinafter “former disposition”).

C. Since then, on April 2, 2019, the Plaintiff was diagnosed by the F Hospital, “Machine Ethal Ethal Ethal Ethal Ethal Ethal Ethal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Est

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 2 and 3 (including each number, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Both sides of the Plaintiff’s assertion falls under noise in distress due to work experience in a long-term noise workplace, or at least noise in distress.

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