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(영문) 서울행정법원 2019.06.12 2018구단73907
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. From around 1983, the Plaintiff (B) served as a mining source in C Limited Partnership Company, and on August 1, 1990, the specific service history of the Plaintiff (B) is as listed below.

C

B. On April 21, 2016, the Plaintiff was diagnosed by a member of the “D” Council of Korea as “A”, “Freshive noise in both sides,” and claimed disability benefits to the Defendant on August 1, 2016.

C. On April 17, 2017, the Defendant issued a disposition of disability benefit site pay (hereinafter “instant disposition”) to the Plaintiff on the ground that “it is difficult to find out the causal relationship with the Plaintiff at present, considering the following: (a) the Plaintiff’s view on the left-hand 52dB, the right-hand 100dB on the inspection of the Maculty History; (b) there is a serious difference between the left-hand and left-hand 10dB; (c) the fact that there is chronic infection; and (d) 27 years from leaving the noise plant.”

On July 6, 2017, the Plaintiff dissatisfied with the instant disposition and filed a request for review with the Board of Audit and Inspection of the Board of Audit and Inspection. However, the Board of Audit and Inspection dismissed the Plaintiff’s request for review on August 1, 2018, on the ground that “It is difficult to accept the Plaintiff’s assertion that the instant injury caused by the instant injury to the Board of Audit and Inspection falls under the category of 40dB or higher noise due to continuous 85dB or more noise at the place of noise exposure, although the Plaintiff was presumed to have suffered from the diagnosis of the instant injury after about 27 years have elapsed since the Plaintiff left the place of noise exposure, as a result of the special examination, and there was a view that there was a tent on the right-hand upper door.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is clear that the plaintiff suffered from honest loss due to the noise from the work while engaging in mining in coal mines, and thereafter, the personal disease and the progress of aging have deteriorated to the mixless state.

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