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(영문) 서울행정법원 2019.11.27 2019구단68728
장해급여부지급처분취소
Text

1. The Defendant’s decision to pay disability benefits to the Plaintiff on July 3, 2019 is revoked.

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

Reasons

1. The circumstances leading up to the determination of the disability benefit site: ① The plaintiff (B male) was diagnosed on August 25, 197 to February 28, 198 and applied for the payment of disability benefits to the defendant on April 14, 2016, after receiving a diagnosis of the following: (a) the plaintiff (B male) had worked as the beams and pipes hole from the D Mining Center Co., Ltd. C for the period of about ten years and six months from August 25, 197 to February 28, 198; and (b) on January 6, 2016, the "E" located in Thai-si (hereinafter referred to as "the injury of this case").

② On February 21, 2017, the Defendant rendered a decision on disability benefit site rating (hereinafter “the primary disposition of this case”) to the Plaintiff on the ground that “D mining centers, working for the Plaintiff, shall be recognized as noise exposure level based on the average noise measurement level for the five-year period for each process of the mining stations in operation, in accordance with the noise level standards for the current operation of the mining center. The pipe pipe and line pipe do not constitute the continuous noise exposure work with a noise level of at least 85 cc in the number prescribed in the criteria for recognition of noise noise level. Therefore, the Plaintiff cannot be deemed to have been exposed to at least 85 cc noise level for at least three years.”

③ On May 24, 2017, the Plaintiff dissatisfied with the first disposition of the instant case and filed a request for review with the Board of Audit and Inspection on May 24, 2017. The Defendant reviewed the first disposition of the instant case by the Board of Audit and Inspection, and applied for payment of disability benefits to the Plaintiff on July 25, 2018, on the ground that “the Plaintiff has served in D Mining Center for at least three years in total. However, upon the request of the Committee for Determination of Disability, it is difficult to recognize a proximate causal relation with the Plaintiff’s work at the D Mining Center. However, upon the request of the Committee for Determination of Disability, the difficulty generated by noise is deemed to have occurred at the present due to the fact that the noise was less than 40 cm level on both sides.”

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