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(영문) 서울행정법원 2019.06.26 2019구단50468
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. On February 20, 2018, the Plaintiff asserted that the noise was exposed to the noise while working as a mining source in the Korea Coal Corporation B, etc., and that the Plaintiff was diagnosed as “nannife of both sides’ pathical Cheongsung (hereinafter “the instant injury”). The Plaintiff claimed disability benefits for the instant injury.

B. However, on November 12, 2018, the Defendant rendered a decision not to pay disability benefits claimed by the Plaintiff (hereinafter “instant disposition”) based on the results of a specialized investigation into business-related nature that it is difficult for both sides of the Plaintiff to deem that there exists a causal relationship with the Plaintiff, taking into account the Plaintiff’s age, period after the suspension of noise exposure, and the form of the hearing, which appears to be in light of the degree of hearing of the unique results.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff had been exposed to more than 85dB noise in a noise business place for more than three consecutive years, and there were no other diseases other than the noise that may cause the Plaintiff to suffer difficulties, in full view of the fact that the instant injury and disease complies with the criteria for recognition of noise in the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

Therefore, the defendant's disposition of this case made on a different premise is unlawful.

B. Facts 1) The Plaintiff’s main director (the name of medical opinion on February 20, 2018, i.e., the name of the workplace ordering the Plaintiff’s work period from February 27, 1984 to January 31, 198, and the name of the medical opinion of the Plaintiff’s main director (the name of the FF non-person medical opinion on February 20, 2018, i.e., the diagnosis letter of disability diagnosis: both sensitive nephalopic Cheongsungic Cheongsan Industrial Complex Co., Ltd., Ltd. from February 1, 1988 to December 9, 192) and the opinion of medical opinion of the Korea Coal Corporation B Mining Corporation (E) from August 6, 1994 to December 31, 1994).

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