Text
1. On March 8, 2016, the Defendant’s disposition of disability benefit payment against the Plaintiff is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. From February 16, 1978 to February 28, 1993, the Plaintiff was exposed to noise while serving as coal in B, C and D and coal mines.
B. On January 23, 2009, the Plaintiff diagnosed the “Woo 45 Sil-ri, the left-hand E 74 Sil-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-
C. On June 4, 2015, the Plaintiff: (a) diagnosed the instant injury and disease; (b) claimed disability benefits by asserting that the instant injury and disease occurred to the Defendant on June 8, 2015 due to his/her work at the EBA, EBE, EBE, EBE, the left-hand 58 Silx, and E-78 Silxlx.
Accordingly, on March 8, 2016, the Defendant rendered a decision on disability benefit site payment (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff did not have worked at a noise workplace after his retirement from the mining center on February 28, 1993, and was diagnosed by the noise level difficulties in the process of registering hearing-impaired persons on January 23, 2009, and thus, the extinctive prescription of the right to claim disability benefits was completed three years after leaving the noise workplace and from the date of diagnosis by the noise level difficulties.”
E. The Plaintiff appealed and filed a request for review and reexamination, but all of which were dismissed.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including virtual numbers), Eul evidence Nos. 1 to 6, the purport of the whole pleadings
2. The definitions of terms used in this Act are as follows, whether the instant disposition is lawful, under Article 5 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).
4. The term "cure" means a state in which an injury or disease has been completely cured or the effect of treatment cannot be expected any longer and its symptoms are fixed;
5. “Disability” means an ability to work due to mental or physical damage, although the injury or disease was cured.