1. Revocation of a judgment of the first instance;

2. On December 10, 2012, the Defendant’s disposition to pay disability benefits to the Plaintiff is revoked.

1. Details of the disposition;

A. On October 4, 2012, the Plaintiff asserted that “the Plaintiff entered Dong-dong Co., Ltd., Ltd. on June 12, 1978, and worked as the guard-ray source on December 31, 2009, for a long period of 31 years and 6 months until he/she retires, and that both noise occurred due to long-term exposure to noise, and claimed disability benefits along with the result of hearing force.”

B. On December 10, 2012, the Defendant rendered a disposition to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff’s workplace at which the Plaintiff had worked is not exposed to noise more than 85dB consecutively, and proximate causal relation is not recognized.”

【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff was affiliated with the Tong/Ri production team of Tong/Ri after entry and engaged in the work of maintaining and repairing the pits. The Plaintiff’s work site was continuously exposed to more than 85dB consecutively as a mine area or a mine area adjacent to the pits, and even if the Plaintiff’s work site was measured by 83.9dB.

In light of the fact that noise exceeding 85dB may occur due to working conditions, such as the use of a rock flag, etc., the Plaintiff is continuously exposed to high-quality noise at the workplace for 31 years and caused the instant injury and disease.

Therefore, the instant disposition is unlawful.

B. The details of the relevant statutes are as shown in the attached statutes.

C. (1) The Plaintiff’s work contents and noise exposure experience are as follows: (a) from June 12, 1978 after entry into the office of June 30, 1992; (b) from July 8, 1992 to December 31, 2009, the Plaintiff belonged to a production team of Tong/Ri for about 31 years and six months from July 8, 1992 to December 31, 2009; and (c) the Plaintiff mainly worked as a mining source as three instructors; and (d) the Plaintiff handled and expanded the stone by cutting the narrow pit edge of the pits.