logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.06.23 2017구단55551
장해급여부지급처분취소
Text

1. On February 25, 2016, the Defendant’s disposition to pay disability benefits to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. From May 1, 1969 to April 1, 1993, the Plaintiff was exposed to noise while working in Gangwon Coal Corporation.

B. On December 7, 2010, the Plaintiff: (a) diagnosed the “Woo 80 Sil-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

C. On August 26, 2015, the Plaintiff: (a) diagnosed the instant injury and disease; (b) claimed disability benefits by asserting that the instant injury and disease occurred to the Defendant on October 5, 2015, due to the Defendant’s work at the Mining Center.

Accordingly, on February 25, 2016, the Defendant rendered a decision on disability benefit site payment (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff had no career of working at a noise workplace since April 1, 1993, and was diagnosed by the noise level difficulties in the process of registering hearing-impaired persons on December 7, 2010, the Defendant was found to have completed the extinctive prescription of the right to claim disability benefits after the lapse of three years from the date of leaving the noise workplace and from the date of diagnosis by the noise level office.”

E. The Plaintiff appealed and filed a request for review and reexamination, but all of which were dismissed.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including provisional number), Eul evidence 1 to 6, the purport of the whole pleadings

2. The definitions of terms used in this Act are as follows, whether the instant disposition is lawful, under Article 5 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

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

arrow