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(영문) 서울행정법원 2020.01.15 2019구단50260
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 November 15, 1996 to December 31, 2012, the Plaintiff was a person who worked as a post-marction father at a stock company B (hereinafter “instant business establishment”). On December 6, 2017, the Plaintiff was diagnosed with the two sides of the dialogic chronology, and claimed disability benefits for the Defendant on December 8, 2017.

B. However, on January 15, 2018, the Defendant rendered a decision to not pay the above disability benefits claimed by the Plaintiff (hereinafter “instant disposition”) on the ground that it is difficult to acknowledge a proximate causal relation with the instant upper branch’s work, and that noise does not have deteriorated.

C. After that, the Plaintiff filed a petition for review against the instant disposition, but the petition for review was dismissed on May 25, 2018, and the petition for review was filed again, but the petition for review was dismissed on October 15, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the instant injury and disease occurred due to noise that was exposed to the Plaintiff’s work at the instant workplace, etc., and thus, proximate causal relation can be acknowledged between the instant injury and the Plaintiff’s work.

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

B. Fact-finding (medical opinions, etc.) Plaintiff 1’s Note (Cviinology, and disability parts on December 6, 2017: disability diagnosis report on December 6, 2017: both sides are various test opinions and major treatment: as a result of the three-time test of the net negative test, the highest clean power is 51dB on the right side and 43dB on the left side. Disability status: (a) for about forty-five (45) years of work in the noise environment; (b) the clean power is weak and two (c) the decrease in the hearing power of the main 4,00 Hz surrounding the net negative test is a severe noise.

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