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(영문) 서울행정법원 2019.11.27 2018구단72904
장해급여부지급처분취소
Text

1. The Defendant’s disposition of paying disability benefits to the Plaintiff on November 23, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From April 26, 1974 to May 3, 1995, the Plaintiff served as a pite, etc. in the Korea Coal Corporation (hereinafter “Korea Coal Corporation”) and thereafter served as a pite, etc. in B (hereinafter “B”) from June 29, 1995 to January 2, 2002.

B. On March 24, 2016, the Plaintiff filed a claim for disability benefits for the instant injury and disease with the Defendant on March 29, 2016, after receiving the diagnosis of the “YYYYYYEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE

C. After that, the Plaintiff filed a petition for review against the instant disposition, but the petition for review was dismissed on March 26, 2018, and the petition for review was filed again, but the petition for review was dismissed on July 25, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the Plaintiff’s injury and disease occurred due to noise that was exposed to the Defendant’s work in the specific mining center, etc., which is noise business place, and there is no special reason to induce the injury and disease of this case in addition to noise, a proximate causal relation may be acknowledged between the injury and the Plaintiff’s work

Therefore, the defendant's disposition of this case made on a different premise is unlawful.

(b) fact of recognition (medical opinions, etc.) 1.

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