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(영문) 부산지방법원 2018.11.21 2017구단21153
장해급여부지급처분취소
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 October 24, 2016, the Plaintiff filed a claim for disability benefits with the Defendant, asserting that “Around October 24, 2016, the Plaintiff was exposed to noise at a noise business establishment, such as the maintenance of earth and sand of a stock company, and caused each of the instant pathic dys (hereinafter referred to as the “

B. On March 10, 2017, the Defendant rendered a disposition to pay disability benefits (hereinafter the instant disposition) to the Plaintiff on the ground that “the instant injury and disease does not constitute “the instant case’s injury of ear, which was exposed to the noise level of 85 cc or more per annum for at least 85 cc per annum” (hereinafter “instant disposition”).

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The plaintiff's assertion is that there is a proximate causal relationship between the plaintiff's business branch of this case and the plaintiff's business in full view of all the circumstances, including the fact that the automobile maintenance business was exposed to inside and outside 85dB from the car maintenance business site for the past 35 years or longer, including Saturdays, and that there was a noise before and after 120dB that affects the lucence at the automobile maintenance business site. Thus, the disposition of this case is unlawful on the ground that it was based on erroneous

B. Determination 1) According to the respective statements in Gap evidence 2, Eul evidence 2, Eul evidence 2-2, 3, 9, and 10, and each fact-finding results on the incorporated association of this court, the Korean Health Association of Samsung Environment, and the fact-finding results on Samsung Environment, the plaintiff was in charge of automobile sales commission from 1982 to August 1, 201, and from April 1, 201 to December 30, 2016.

B. The automobile plate operation is to repair the damaged or modified by traffic accident itself by means of a shielding device, a cut-off device, etc.

In the workplace where the plaintiff was working, noise from Ethrythrycom presses, etc. occurs, and from 2008 to 2016.

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