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(영문) 서울행정법원 2019.08.22 2019구단52433
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 August 14, 2015, the Plaintiff diagnosed and claimed disability benefits for the instant injury and disease to the Defendant at the Davina Medical Center (hereinafter “instant injury and disease”).

B. On December 13, 2017, the Defendant rendered a disposition to pay the Plaintiff’s site for the claim for disability benefits (hereinafter “instant disposition”) on the ground that “The Plaintiff is confirmed to have worked for more than 85dB consecutively for more than three years, but as a result of the request for deliberation by the Integrated Review Committee, it is insufficient to recognize the causal relationship with the office in distress, as such, the causal relationship with the office in question cannot be recognized.”

C. The Plaintiff appealed and filed a request for review with the Board of Audit and Inspection, but the Board of Audit and Inspection dismissed the request on November 13, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was exposed to not less than 85dB noise while working as a mining source for about 12 years from around 1968 to around 1980, and both sides were normal. Even if the Plaintiff’s scambly named, all of the diseases of this case occurred by noise, and thus, the instant disposition made on a different premise is unlawful, even if there was a proximate causal relation with the Plaintiff’s work.

B. The Plaintiff’s work experience 1) from July 5, 1974 to February 28, 1979, at D Co., Ltd., the Plaintiff (C resident) served as an coal support unit E from September 7, 1979 to September 15, 1980 (the Plaintiff asserted that the Plaintiff had worked as a coal source from around 1968 to July 5, 1974, but there is no evidence to acknowledge that the Plaintiff had worked as a coal source.

(2) Plaintiff’s existing medical history - From July 6, 2009 to August 30, 2013, the Korea Workers’ Compensation and Welfare Service.

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