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(영문) 서울행정법원 2019.12.12 2019구단53429
장해급여부지급처분취소
Text

1. The Defendant’s disposition of paying disability benefits to the Plaintiff on November 28, 2018 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On April 27, 2015, the Plaintiff (B) was diagnosed as “hnenenenene chronic dynasty and noise dynasty” and claimed disability benefits to the Defendant on the ground that he/she had worked as a luminous source and forest tending worker.

B. On November 28, 2018, the Defendant issued a disposition to pay disability benefits to the Plaintiff on the ground that “it is difficult for both sides of the Plaintiff to deem that there exists a causal relationship with his/her duties, considering the following: (a) there was no career of noise from 1983 to 4 years; (b) there was a sporadical noise from 2007 to 4 years; (c) the form and sporadity of the hearing showing the sporasity of the special dust; and (d) the sudden aggravation of the hearing ability after comparison with the results of the sporadic test conducted in 2015.”

[The facts that there is no dispute over the grounds for recognition, entry of Gap evidence No. 1, and the purport of the whole pleadings]

2. Whether the instant disposition is lawful

A. The Plaintiff’s argument that the Plaintiff’s hearing falls under the noise-related distress caused by noise generated while engaging in the coal mine and forest tending business, or that a reasonable causal link is acknowledged between the Plaintiff’s business and the Plaintiff’s hearing branch of this case, since the damage to the salves by noise led to the progress of salves at a natural progress speed beyond the current state due to the damage of the salves by noise.

Therefore, the defendant's disposition of this case made on a different premise is unlawful.

B. Facts 1) The Plaintiff was on duty in C for about six and nine years from March 1972 to December 1978. From March 9, 1979 to March 19, 198, the Plaintiff was on duty in the Korea Coal Corporation Korea Coal Corporation (2 years and two months), vehicle driving and internal machinery driving (1 year and five months), and the vehicle driving (2 years and three months). From April 2007 to September 201, the Plaintiff engaged in forest tending work in D for about six years and six months from September 2013.

(b).

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