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(영문) 서울행정법원 2015.04.28 2013구단20793
장해급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts do not conflict between the parties:

On December 12, 1987, the Plaintiff joined the class 10 of a houseman, and was engaged in postal services until he/she retired from office on June 30, 2012.

B. From 2009 to 2009, the Plaintiff deemed that the hearing ability is not good. After retirement, the Plaintiff received a diagnosis of the “Magneneneal Ethal Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Estical Estical Est

C. On April 19, 2013, the Defendant rendered the instant disposition not to grant disability benefits on the ground that the instant injury and disease was not related to official duties. D.

Accordingly, the plaintiff filed a request for reexamination with the Public Official Pension Benefit Review Committee, and thus, was dismissed.

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff continued to be exposed to noise during his service period, and in particular, the plaintiff suffered serious mechanical noise and excess at the time of his service in the mail concentration country for 20 years, so the disease of this case is related to official duties as the noise concentration center.

B. (1) From March 1990 to October 199, the Plaintiff worked in the Seoul Postal Clustering State, from January 200 to August 2009, and from January 200 to August 2009, the form of employment was 24 hours and the next day was 2 times to stop. According to the working environment measurement report by the Suwon Postal Clustering State measured on July 29, 2008, the noise value was 8 hours and 61.69dB, which was the average of 8 hours and 61.69dB.

(2) The appraisal is deemed to have occurred in the year 2013; and

2. There was no king which could cause crusium;

③ The noise in distress mainly appeared when being exposed to a large amount of not less than 8 hours a day and not less than 90dB, and ④ The noise in distress except for those by firearms shows a large range of 15dB difference between both sides.

⑤ The Plaintiff’s left-hand hearing power shows the increase of the overall hearing as a high-level hearing. The right-to-hand hearing power is mainly from the middle school to the middle school.

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