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(영문) 서울행정법원 2018.11.09 2018구단63658
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on March 16, 2018 is revoked.

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

Reasons

1. Details of the disposition;

A. On July 11, 2017, the Plaintiff served in coal mines, such as B, C, and filed a claim for disability benefits with the Defendant, upon the diagnosis of the “constience of both sides, nephical chronological nephism,” and claiming disability benefits.

B. However, on March 16, 2018, the Defendant rendered a disposition to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff had worked for a long period at the noise workplace, such as coal mine (85dB noise), but considering the age at the time of the instant medical examination and the result of the examination of the Cheong power at the time of the instant medical examination, etc., the Plaintiff’s Cheong power loss should be considered as a senior citizens’ distress rather than a noise defect.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted from around 1983 to March 27, 1992, the Plaintiff was exposed to noise for a long period of nine years and three months, and lost luxity.

Therefore, even though the injury or disease of this case occurred due to the plaintiff's work, the disposition of this case which did not recognize it as an occupational disease is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Fact 1) The Plaintiff (the Plaintiff’s noise exposure capacity of January 1943) performed coal duties from around 1983 to March 27, 1992, such as C mining stations, D mining centers, and B mining centers.

B) According to the Defendant’s noise risk assessment standards, the average noise measurement of carbon processes for five years of the mining stations in operation (not less than 20 full-time workers) is 10.4dB. 86.9dB, the maximum noise measurement is 100.4dB. 2). (The name of a disability diagnosis report prepared by E non-definite: The name of a disability diagnosis report on both sides: the most good hearing ability as a result of three times of each each of the pathal chronology test: 62dB, 38dB, 57dB, and 37dB disability status for 14 years.

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