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(영문) 서울행정법원 2018.10.19 2018구단56568
장해급여부지급처분취소
Text

1. The Defendant’s disposition of paying disability benefits to the Plaintiff on December 29, 2016 is revoked.

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

Reasons

1. Details of the disposition;

A. From November 1, 1971 to July 1, 1980, the Korea Coal Corporation served as the mining department from the Sung Mining Corporation for about 8 years and 8 months.

B. Around March 2016, the Plaintiff was diagnosed as “niveal chronological chronological chronology” by the Council.

C. The plaintiff is the above A.

If an accident occurred due to continuous exposure of noise while working in light as described in the port, the Defendant filed a claim for disability benefits with the Defendant. However, on December 29, 2016, the Defendant issued a disability benefit payment disposition against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff’s difficulty was caused by aging.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, 3, and 4-1, 2, Eul evidence 1, 3, and 4, and the purport of the whole pleadings

2. The term "occupational accident" under the Industrial Accident Compensation Insurance Act refers to an occupational accident caused by a worker's performance of his/her duties, and thus there is a causal relationship between his/her duties and the disaster. However, even if the existing disease is not directly related to his/her duties, if it becomes worse or becomes worse due to an occupational accident, etc. which occurred in connection with his/her duties, the causal relationship between his/her duties shall be deemed to exist. In such case, the causal relationship shall be proved on the part of his/her assertion. However, the causal relationship shall not be clearly proved by medical and natural science, but it shall be proved that there is a causal relationship between his/her duties and the disease, considering all the circumstances, such as the worker's health condition at the time of his/her employment, the developments leading up

(see, e.g., Supreme Court Decision 2000Du4422, Nov. 10, 2000). Each description of the health class, A’s evidence Nos. 4 and 5-2, respectively, and the president of Aju University Hospital of this Court.

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