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(영문) 서울행정법원 2017.04.20 2017구단50655
장해급여부지급처분취소
Text

1. On July 6, 2016, the Defendant’s disposition of disability benefit payment against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts falling under any of the following subparagraphs as to the disposition may be acknowledged either in dispute between the parties or in combination with the whole purport of pleadings in each entry in the evidence No. 1-1, No. 2, and No. 2 through 5:

The plaintiff is working in the mobilization company, North Korea mining center, which engages in the business of the unpaid coal mining, in advance from April 5, 1978 to August 16, 1982.

The retirement was withdrawn.

On July 2, 2008, the Plaintiff was diagnosed as “hyeological dyeological dyeological dyeological dyeological dyeological dye,” and registered as a hearing disability under the Act on Welfare of Persons with Disabilities.

On December 8, 2015, the Plaintiff: (a) was diagnosed by the East-dong Hospital of the medical corporation as “The two-way Malisung (hereinafter “The following”)’s disease; and (b) filed an application for disability benefits with the Defendant on December 10, 2015, with the Defendant that the instant disease constitutes a noise risk.

On July 6, 2016, the Defendant rendered a decision on site pay (hereinafter referred to as “instant disposition”) on the ground that “the Plaintiff had been diagnosed by Cheonghoe after the lapse of at least three years from the date of withdrawal from the place of business, and on July 2, 2008, at the Evinae Evia, it was confirmed that the Plaintiff was diagnosed by Cheonghoe. The date of retirement from the place of business and the date of diagnosis by the Noise and Noise Agency, respectively, passed three years, respectively.”

Although the plaintiff filed a request for examination against this, the request for examination was dismissed on November 16, 2016.

2. Whether the instant disposition is lawful

A. The meaning of the terms used in this Act is as follows: (a) the change of the relevant statutes and precedents (1) the Industrial Accident Compensation Insurance Act Article 5 (Definitions) is amended.

4. The term "cure" means a state in which an injury or disease has been completely cured or the effect of treatment cannot be expected any longer and its symptoms are fixed;

5. The term " disability" means a state in which an injury or disease has been cured, but the ability to work has been lost or diminished due to mental or physical damage;

(b) Article 36 (Types of Insurance Benefits, Calculation Criteria, etc.) (1) Types of insurance benefits shall be as follows:

The proviso is omitted. 1. Medical care benefits and 2.2.

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