1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On April 5, 2016, the Plaintiff was diagnosed of the Machine Machine and each side of the noise noise levels (hereinafter “the instant injury”) and claimed disability benefits to the Defendant on June 3, 2016.

B. However, on August 26, 2016, the Defendant rendered a disposition to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff was diagnosed at Grade 5 with hearing disability on April 22, 2009, and there was no career in the noise workplace thereafter, and thus, it is difficult for the Plaintiff to recognize not only the extinctive prescription of the right to claim disability benefits has expired but also the Plaintiff’s difficulty in hearing as a noise hearing.”

C. The Plaintiff appealed and filed a request for review and reexamination, but all of which were dismissed.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3, 5, 6 and 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was exposed to serious noise during the period of five years and three months in total from September 1, 1971 to December 31, 1976 and lost the hearing power.

In addition, the Plaintiff’s extinctive prescription of the right to claim disability benefits against the instant injury and disease is calculated on April 5, 2016, which was diagnosed by the Plaintiff. As such, the extinctive prescription has not yet expired, and even if the extinctive prescription expired, the Defendant’s assertion of the completion of the extinctive prescription constitutes abuse of rights against the principle of good faith.

Therefore, the defendant's disposition of this case is unlawful.

B. 1) First, we examine whether the Plaintiff acquired the right to claim disability benefits for the instant injury. 2) Since the disease that is occupational accident under the Industrial Accident Compensation Insurance Act refers to the disease caused by the worker’s occupational accident during his work, there must be causation between the work and the disease. The causal relationship must be proved by the party asserting it, and the causal relationship must be medical and natural science.