1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On September 10, 1979, the Plaintiff was employed by Hyundai Heavy Industries Co., Ltd. (hereinafter “instant workplace”) and was employed in the maritime vessel account book with continuous noise of at least 85dB during the period from July 9, 2007 to December 31, 2012 and retired from office.

The Plaintiff asserted that the noise level distress occurred due to the work performed at the instant workplace (hereinafter “instant injury”) and claimed disability benefits to the Defendant on November 14, 2014.

On October 31, 2014, the Defendant issued a disposition to pay disability benefits to the Plaintiff (hereinafter “instant disposition”) on the ground that both the Plaintiff and the Plaintiff were less than 40dB as a result of the examination of hearing power, and the disability grade falls short of the disability grade standard.

【In the absence of dispute, the Plaintiff’s assertion of legitimacy of the disposition of this case as to whether the Plaintiff’s assertion of illegality of the disposition of this case was lawful, and the injury and disease of this case occurred to the Plaintiff by serving for a long time in the work environment in the instant business site where the Plaintiff’s assertion of illegality of the disposition of this case was generated. The Plaintiff’s present state of integrity exceeds the criteria for the disability of the government, which are prescribed by the Industrial Accident Compensation Insurance Act, on both sides.

Therefore, the disposition of this case by the defendant who did not approve the plaintiff's claim for payment of disability benefits on the ground that the state of hearing power falls short of the disability grade standard should be revoked.

As a result of the net record-finding test by law of 6 minutes of medical opinion with respect to the plaintiff: the right 89dB, the left-hand 90dB special health examination results by law of 6 minutes: 2010: 34.1dB, the left-hand 37.5dB 201: 4.4.1dB, the right-hand 49.1dB, the left-hand 49.1dB 2012: the right-hand 49.1dB, the left-hand 49.1dB, the left-hand 59.1dB, the left-hand 59.1dB 6 minutes of the net record-finding test by law of 6 minutes: the right-hand 84B, the right-hand 44B, the left-hand 7.4B