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(영문) 서울행정법원 2019.11.28 2019구단61734
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on December 5, 2016 is revoked.

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

Reasons

1. Details of the disposition;

A. On January 27, 2016, the Plaintiff (B) filed a claim for disability benefits with the Defendant under the diagnosis of the Korea Coal Corporation C Mining Service C, D, etc. “Sechopathic chronic nephical nephical nephism and noise nephical nephical nephical nephical nephical nephical (hereinafter “the instant injury”).

B. On December 5, 2016, the Defendant rendered a decision to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on December 5, 2016, on the ground that “The Plaintiff is recognized as having been engaged in a noise workplace of not less than 85dB for not less than three years, but the result of the Plaintiff’s request for deliberation to the Integrated Review Committee of the Daegu Regional Headquarters based on the Plaintiff’s peculiar results on the consideration of the Plaintiff’s distress.”

C. The Plaintiff appealed and filed a request for review with the Board of Audit and Inspection, but the Plaintiff’s request for review was dismissed on April 9, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s argument that the Plaintiff’s hearing falls under the noise-related distress caused by the noise generated from coal mine operations, or that caused the current state due to the damage of the sensical disorder by noise, which led to the progress of the senior citizens’ distress beyond the natural progress speed, and there is a proximate causal relation between the business of the instant upper branch and the instant case.

Therefore, the defendant's disposition of this case made on a different premise is unlawful.

B. The Plaintiff’s contents and period of recognition 1 shall be from March 30, 1974 to May 26, 198; from May 1, 1989 to February 31, 1990 to February 29, 1992; and D from January 10, 1990 to January 10, 199.

2. Not less than 16 years in total, engaged in the work of collecting coal in mines and others.

2) Medical opinions A) Dentalian (E non-humanateate) (E) on January 27, 2016.

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