logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.02.13 2019구단61086
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on February 27, 2019 is revoked.

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

Reasons

1. Details of the disposition;

A. On March 22, 2016, the Plaintiff (B) diagnosed “BB AD M&A” at the GBE NFF, and claimed disability benefits to the Defendant, asserting that the instant injury was caused due to his/her work at the noise plant.

B. On February 27, 2019, the Defendant rendered a disposition to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “The instant injury and disease was judged to have a low relationship with the past noise, and it is difficult to recognize a proximate causal relation, considering the following: (a) the type of hearing in the Cheong-do which appears from a special medical examination and the fact that there was almost little low lusium in the lusical noise level; and (b) the lusical noise level at the noise level.”

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was exposed to more than 100 dB noise while working in D Co., Ltd. for about about about about 17 years and 6 months, and the plaintiff's Cheongsung loss status is not consistent with the typical elderly suffering, or it is more severe than the degree of Cheongsung loss in ordinary people over 70 years and over that of not exposed to noise, and even if the plaintiff has a sensive hearing for senior citizens, it seems that the Masive hearing for senior citizens had an impact on the Masive hearing for senior citizens, etc., the defendant's disposition of this case made on a different premise should be revoked as unlawful.

B. In order to recognize a disease due to an occupational reason stipulated in Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act, the disease is caused by the occupational reason, and there is a proximate causal relation between the occupational and the disease, which must be attested by the assertion.

However, operations;

arrow