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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 February 2, 1958 to October 7, 1965, the Plaintiff is a person who had worked as a bane mine (hereinafter “instant business establishment”) from February 2, 1958 to October 7, 1965.
On March 24, 2016, the Plaintiff filed a claim for disability benefits for the instant injury and disease with the Defendant on July 23, 2016, after receiving the diagnosis of the two sides of the Maternal Distress and Noise Distress (hereinafter “the instant injury and disease”). However, on October 17, 2017, the Defendant rendered a decision with respect to the Plaintiff on October 17, 2017 (hereinafter “the first disposition”) that the Plaintiff would not pay disability benefits claimed by the Plaintiff on the ground that “the Plaintiff is proved to have worked in noise for at least three years in the process of noise, but it is insufficient to recognize the causal relationship with the Mana’s work (hereinafter “the first disposition”).
B. After that, on September 6, 2017, the Defendant’s improved “standards for the performance of the duties of the Noise Agency” came into effect, and thereafter, on November 8, 2017, the Plaintiff filed a new claim for disability benefits against the Defendant. However, on December 11, 2017, the Defendant rendered a decision against the Plaintiff on the ground that “The Integrated Review Board, which served as the basis for the first disposition, was held on September 15, 2017, and does not constitute a ground for review of the said standards” (hereinafter “the second disposition”).
C. The Plaintiff was dissatisfied with the second disposition and filed a request for review by the Defendant and the Board of Audit and Inspection respectively. However, the Defendant was subject to the decision that the request for review by the Board of Audit and Inspection was dismissed on May 17, 2018 and June 28, 2018, respectively.
After that, the Plaintiff again filed a claim for disability benefits for the instant injury and disease with the Defendant, but on January 23, 2019, the Defendant was insufficient to recognize the causal relationship with the Plaintiff’s poor work, and an integrated review meeting was held after the enforcement of the improved “Standards for Handling Noise and Vibration”. The grounds for review of the above work process are as follows.