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(영문) 서울행정법원 2019.08.14 2019구단50130
장해급여부지급처분취소
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. From September 16, 1968 to July 31, 1985, the Plaintiff is a person who has worked as a pre-cursor in the Bane mine located in Thai City from Sep. 16, 1968.

On November 15, 2017, the Plaintiff asserted that the Defendant was diagnosed of the two sides of the instant disease (hereinafter “the instant disease”) as a result of exposure to noise in the said Bane (hereinafter “instant workplace”) while working in the noise workplace, and that the Plaintiff claimed disability benefits for the instant disease to the Defendant.

B. However, on May 24, 2018, the Defendant rendered a decision not to pay disability benefits claimed by the Plaintiff (hereinafter “instant disposition”) to the Plaintiff on the basis of the results of the specialized investigation into the business-related nature that “The Plaintiff is not deemed to have been in danger due to the Plaintiff’s work, although it appears to have expressed the opinions of each of the pathal chronronronronism, considering age and the suspension period of exposure to noise (hereinafter “instant disposition”).

C. The Plaintiff filed a request for examination against the instant disposition, but the request for examination was dismissed on October 5, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the instant injury or disease occurred as a result of prolonged exposure to noise at the instant workplace, which is a noise business place, and the instant injury or disease can be acknowledged as a noise-related hearing even if it is based on the Defendant’s standards for handling noise from the Defendant’s noise distress. Thus, the Defendant’s disposition based on a different premise is unlawful.

B. Recognition (Medical Opinions, etc.) 1) The name of the Plaintiff’s doctor (C hospital, December 11, 2015): The name of the injury from each side of the disease: The results of the positive epidemism test (5dB, 55dB, 58dB, 60dB, 60dB on the left-hand side), the results of the special diagnosis (D hospital, February 22, 2016), the results of the positive opacy test (D hospital, 5dB, 60dB on the right-hand side, and the left-hand side of 60dB on the net opacy test.

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