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(영문) 서울행정법원 2020.10.22 2019구단72857
장해등급결정처분취소
Text

1. The Defendant’s disposition of grade 14 subparag. 1 against the Plaintiff on July 16, 2019 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On August 10, 2018, the Plaintiff filed a claim for disability benefits with the Defendant, alleging that he/she was diagnosed “NOS of each of the relevant NOS” by being exposed to noise while working in B, etc.

B. On July 16, 2019, the Defendant decided on the Plaintiff’s disability grade No. 14 Subparagraph 1 (hereinafter “the instant disposition”), that “The Defendant cannot recognize the noise level of the Defendant’s ear on the left side due to the strong salt, and the right-hand earing 49dB is recognized as the noise risk office” as the Plaintiff’s disability grade No. 14 (hereinafter “the instant disposition”), according to the review report by the Busan Regional Headquarters’s Integrated Review Board, the Defendant decided on the Plaintiff’s disability grade No. 14 (the Plaintiff’s ear’s hearing ability is not known at a distance of at least one meter), and the Plaintiff’s ear on the left-hand side subject to disability benefit payment was “the instant injury disease”).

C. The Plaintiff filed a request for examination against the Defendant, but the Defendant dismissed the request for examination on November 4, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was exposed to a long-term noise, and the loss of Cheong power on both sides exceeds 40dB, and the left-hand ear’s severe salt resulted from a temporary chlostosis, not a chronic disease, and is irrelevant to the upper branch of the instant case, but on different premise, the Defendant’s disposition of this case should be revoked in violation of law.

B. 1) Determination of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”)

The term "occupational accident" as referred to in subparagraph 1 of Article 5 refers to an accident caused by an employee's occupational accident while performing his/her duties, and there is a proximate causal relation between the occupational accident and the accident. In such cases, the causal relation between the occupational accident and the accident of the employee shall be proved by the assertion thereof, and the existence of a proximate causal relation between the occupational accident and the accident shall not be the average

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