1. The Defendant’s disposition to pay disability benefits to the Plaintiff on June 8, 2016 is revoked.

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

1. Details of the disposition;

A. The Plaintiff is a person who has worked for about four years and one month from October 15, 1967 to November 20, 197 in B mining stations, coal and digging galleries.

B. On March 5, 1998, the Plaintiff was diagnosed as the average right-hand 75db, the left-hand 70db, and registered as the third-class disabled under the Act on Welfare of Persons with Disabilities on March 9, 1998.

C. On August 19, 2015, the Plaintiff received a diagnosis from the Eliminary Eliminism and Eliminism (hereinafter “instant injury”) and filed a claim for disability benefits for the instant injury to the Defendant on October 30, 2015.

On June 8, 2016, the Defendant rendered a disposition on disability benefit payment (hereinafter “instant disposition”) against the Plaintiff on the ground that “the date when the Plaintiff left the noise-based business place is November 21, 1971, and there was no work experience at the noise-based business place thereafter, and there was a registered record as a class 3 disability under the Welfare of Disabled Persons Act after the work at the mining center, on March 9, 1998, since the date when the noise was left the noise-based business place was on November 21, 1971, and the first noise-based diagnosis date was on March 9, 198, and the extinctive prescription has expired.”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The definitions of terms used in this Act under Article 5 (Definitions) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) are as follows:

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. The term " disability" means a state in which an injury or disease has been cured, but the ability to work has been lost or diminished due to mental or physical damage;

Article 36 (Kinds of and Criteria for Calculation of Insurance Benefits) (1) Types of insurance benefits shall be as follows:

(Sicker omitted)

1. Medical care benefits,

2. Temporary layoff benefits,

3. Disability benefits:

4. Nursing benefits,

5. Survivors' benefits:

6. Injury and disease compensation annuities;

7. Funeral Expenses (Funeral Expenses), 8.0