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(영문) 창원지방법원 2018.08.22 2017구단10136
장해등급결정처분취소
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. On September 8, 1983, the Plaintiff joined B Co., Ltd. and performed the contact service. On July 7, 2016, the Plaintiff claimed disability benefits to the Defendant upon receiving a diagnosis from the Noise Agency.

B. On November 15, 2016, the Defendant rendered a judgment of class 14 subparag. 1 of the disability grade (hereinafter “instant disposition”) to the Plaintiff on the ground that “the degree of damage to the Plaintiff’s integrity is 32dB on the left-hand side, 43dB on the right-hand side, and the average amount of damage to the Plaintiff’s integrity constitutes at least 40dB but less than 70dB on the right-hand side.”

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the state of hearing is serious, and there is evidence of proof. The disposition of this case is erroneous and applied to the disability judgment criteria, and according to the result of the appraisal of this court, since the average loss of hearing power of two ears is above 40dB, the disability grade should be determined by class 11 No. 5. Thus, the disposition of this case should be revoked.

(b) Entry in the relevant statutes are as shown in the attached statutes;

C. (1) Determination (1) Article 57(2) of the Industrial Accident Compensation Insurance Act and Article 53(1) of the Enforcement Decree of the same Act provide that a person who is unable to ascertain the small cancellation rate at a distance of not less than one ear in the attached Table 6 shall be set at class 14, while the detailed criteria for determination of disability grades shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 48 attached Table 5 of the Enforcement Rule of the same Act provides for the detailed criteria for the determination of disability grades by physical parts, and the above attached Table provides that "for a person whose average Cheongk-in loss by the first return is not less than 40 dB but less than 70 dB, he/she shall be recognized as class 1 of the attached Table 6 of the Decree, and for a person whose average Cheongk-in loss by the second return is not less than 40 dB, he/she shall be recognized as class 5 of the attached Table 6.

(2) Therefore, as to the level of hearing of the Plaintiff, the statement Nos. 1 and 2 as to the Plaintiff’s health unit and No. 1 and 2.

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