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(영문) 서울행정법원 2018.02.08 2017구단64944
장해급여지급처분취소
Text

1. The Defendant’s decision to pay disability benefits to the Plaintiff on June 15, 2016 is revoked.

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

Reasons

1. Details of the disposition;

A. From April 14, 1967, the Plaintiff worked as a mining source in the Korea Coal Corporation B Mining Center, etc., and retired from his office on September 9, 1996, and thereafter on April 14, 2015, the Plaintiff was diagnosed as “BB Elime Disturbe and Mute Distress” at the Nimane Medical Center, and claimed disability benefits to the Defendant.

B. After conducting a special medical examination at the Jeonnam University Hospital, the Defendant decided on June 15, 2016 the Plaintiff’s disability grade No. 14 subparag. 1 (hereinafter “the instant disposition”) on the ground of the result of advisory opinion that “In the case of return to the left-hand side, it is not a result of damage due to noise in the state of agriculture in which it is impossible to examine the minimum amount of hearing ability, and in the case of return to the left-hand side, the hearing ability is recognized to be 5dB.”

C. The plaintiff filed a request for review with the defendant, but the decision to dismiss the request for review was again made by the defendant to the Industrial Accident Compensation Insurance Reexamination Committee, but the plaintiff received a decision to dismiss the request for review from the Industrial Accident Compensation Insurance Reexamination Committee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the plaintiff's alleged noise damage may occur due to the plaintiff's alleged noise disorder, the plaintiff's disposition of this case was unlawful even if the causal relationship with the business is recognized for the loss of ear's ear on the right side, in view of the fact that there is no little amount of loss of ear's ear in mind, such as internal infection, drug addiction, heat-related disease, meata, meata, meata, bovine spongiformiforms, prone disorder, prone disorder, genetic chronia, emulsia, kysium, kysium, and the defendant's loss of ear's ear on the right side.

B. The fact that the Plaintiff, who is a DNA, worked in a place of noise of not less than 85dB for about 19 years, and that the special prosecutor that the Plaintiff received at the Jeonnam University Hospital, suffered from the special prosecutor of the Jeonnam University Hospital, lost the lusence of the diatoto right: Agriculture and Forestry;

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