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(영문) 서울행정법원 2019.04.03 2018구단69632
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on February 2, 2017 is revoked.

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

Reasons

1. Details of the disposition;

A. On March 12, 2016, the Plaintiff, who was working in the Mining Center, etc., was diagnosed of the two sides of the dialogism, the right-hand noise pest, and both sides of the name (hereinafter “the instant injury”). On April 20, 2016, the Plaintiff claimed disability benefits for the instant injury.

B. However, on February 2, 2017, the Defendant rendered a decision not to pay disability benefits claimed by the Plaintiff (hereinafter “instant disposition”) on the ground that it is difficult to acknowledge a proximate causal relation with the Plaintiff’s work with the instant shopping branch based on the comprehensive review report by the Seoul Regional Headquarters.

C. The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Board of Audit and Inspection, but the request for review was dismissed on June 29, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion lies in proximate causal relation between the Plaintiff’s work and the occurrence of the injury or disease of this case, in light of the fact that the Plaintiff was exposed to noise above 85dB while working for about four years and six months in the mining center, and there was no record that the injury or disease occurred in relation to the injury or disease of this case to the Plaintiff.

Therefore, the instant disposition that did not recognize a proximate causal relationship with the instant branches on different premise is unlawful.

B. Facts of recognition 1) The medical opinion of the Plaintiff doctor (the name of injury and disease caused by disability in the form of a medical examination of a non-humanistic disorder on March 12, 2016: The major content of treatment by both each of the dialogic chronology, the right-hand noise hearing, and the two sides of the examination site and healing: the highest level of 43dB, the left-hand-hand 53dB disorder: the disease and injury of the Plaintiff doctor for nine years from 1983 to 1992, and the patient was well aware of it from 200.

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