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1. The Defendant’s disposition to pay disability benefits to the Plaintiff on May 18, 2018 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. From December 25, 1973 to January 1, 2001, the Plaintiff (B) served as coal support, supplementary line, air carrier, etc. at the Korea Coal Corporation Korea Coal Corporation (hereinafter “instant business establishment”) and claimed disability benefits to the Defendant on September 21, 2017, following the diagnosis of the two sides of the “bregal neneal nephal nephal ney and noise distress,” and the second name (hereinafter “the instant injury”).
B. On May 18, 2018, the Defendant rendered a decision to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “The noise-related hearing room” in the specific recognition criteria for occupational diseases under attached Table 3 of Article 34 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, on the ground that it is difficult for the Plaintiff to find that the Plaintiff’s continuous work experience was exposed to not less than 85dB noise for not less than three years, on the ground that it is difficult for the Plaintiff to recognize that the Plaintiff’s continuous work experience was exposed to not less than 85dB noise for not less than three years, on the ground that it is difficult for the Plaintiff to recognize that the noise-related hearing room’s work experience was exposed to not less than 85dB noise for not less than three years.”
C. The Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant, but was dismissed on November 20, 2018, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on May 3, 2019.
On the other hand, the plaintiff is above A.
On April 19, 2016, after receiving the diagnosis of the instant injury and disease, and claiming disability benefits to the Defendant on May 24, 2016, prior to the instant disposition, but on the same grounds as the instant disposition, it was subject to the prior decision on the payment of disability benefits (hereinafter “transfer”).
【Ground of recognition” without any dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4, Eul evidence 1 through 3, 9, and 10, and the purport of the whole pleadings
2. The defendant.