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(영문) 서울행정법원 2019.08.30 2018구단71079
장해급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From around 1983 to April 30, 1993, the Plaintiff (B) served as coal scrap in Chutan, Dhutan, etc.

B. On June 15, 2015, the Plaintiff was diagnosed by the Mawon located in the East Sea as the “nativeal Ethical Ethic Ethic Ethic Ethic Ethic Ethic E, and filed a claim for disability benefits with the Defendant on August 27, 2015.

C. On June 14, 2018, the Defendant rendered a disposition on disability benefit payment (hereinafter “instant disposition”) against the Plaintiff according to the results of deliberation by the Integrated Examination Committee at the Seoul Regional Headquarters of Seoul, the Defendant, “A lack of recognition of the causal link with the business of the Administration” (it is difficult to deem that the present difficult office has occurred due to its duties, considering that there was a low reliability of the subjective prosecutor’s work and low reverseness of the objective test (explosion test).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2 and 4, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was exposed to more than 85dB noise while carrying out carbon duties for about 10 years in Ctane, Dtane, etc., and resulting in the occurrence of noise hazards.

Even if the plaintiff's difficult hearing is deemed to be mixed with the noise in distress and the elderly in distress, it can be deemed that the elderly in distress due to the noise in distress led to the progress of the natural progress and the situation of the present in distress. Therefore, a proximate causal relationship between the plaintiff's difficult hearing and the affairs is recognized.

Therefore, the instant disposition made by the Defendant on a different premise should be revoked as it is unlawful.

B. From 1975 to 30 years of the accident circumstances in which a person involved in an accident reported to a medical institution, both were exposed to noise without a protective gear, and both were informed of 10 years of his/her returning home well.

In order to conduct a comprehensive inspection of the state of an injury and disease on both sides of the pathal dynasty (highly dynasty) and ear-to-highly hynasty.

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