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(영문) 서울행정법원 2017.06.22 2016구단65438
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 3, 2016, the Plaintiff retired on February 28, 1993 after digging and collecting coal in Bhutane, etc., filed a claim for disability benefits with the Defendant by asserting that the instant injury or disease was an occupational accident after receiving a diagnosis of the “constience and noise risk hearing on the both sides, i.e., e., e., patience and noise risk” (hereinafter “the instant injury or disease”).

B. On September 9, 2016, the Defendant was at least 85DB’s work experience at a noise-related workplace of at least three years. However, the Defendant’s request was made to the Daegu Regional Headquarters’s Integrated Review Committee by taking into account the unique results of the Defendant’s risk at the time of the disaster, based on the fact that the Defendant’s request was made to the Daegu Regional Headquarters’s Integrated Review Committee on the grounds that both sides of the case fall short of the standards for senior citizens (hereinafter “instant disposition”).

[The facts that there is no dispute over the basis for recognition, Gap evidence 1, Eul evidence 5, and the purport of the whole pleadings.]

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was exposed to noise for a long time for about 15 years during the process of digging and coaling for about 15 years, and caused the instant injury and disease, so the instant injury and disease constituted noise risk, and thus, the Defendant’s disposition taken on different premise is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. (1) The basic facts (1) The plaintiff, including the plaintiff's work details and work environment, are Divers for about five years from 1983 to 1987, and the same year from January 1, 198.

2. From May 25, 191 to February 28, 1993, the period of 1 year and 9 months was 20 months from Domintan coal coal mine Co., Ltd., Ltd., for two months until February 29, 200.

The Plaintiff, while working for three bridges per day (08:00-16:00, 16:00-24:00, 24:00, 24:00-08:00) in the Btan mine, was engaged in digging by using a mortar at an underground preventer with at least 300 meters of underground space, and performed blasting work after blasting.

(2) On January 15, 2015, the Plaintiff on the medical records of health insurance.

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