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(영문) 서울행정법원 2019.09.20 2019구단50451 (1)
장해급여부지급처분 취소
Text

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. On April 9, 1981, the Plaintiff (B) joined C Co., Ltd. (hereinafter “Nonindicted Company”) and worked in the Han River Loting Department, and retired on December 31, 2017.

B. On January 8, 2018, the Plaintiff received a disability diagnosis from both sides of the D Hospital located in Incheon, with “noise Disturbing Agency” and claimed disability benefits to the Defendant on January 17, 2018.

C. On June 26, 2018, the Defendant issued a disability benefit payment disposition (hereinafter “instant disposition”) against the Plaintiff on the ground that “The medical history exposed to noise is recognized. In the case of the left-hand force, there is no difference between the weather level and the frame, but the present state of the vision is not less than 40dB, and the right-hand vision is not more than 40dB, and it is obvious that the difference between the temperature and the runway is obvious, and the present state of the difficulty is determined to have occurred after the infection operation, and it does not meet the criteria for recognition of the noise state” (hereinafter “instant disposition”).

On November 29, 2018, the Plaintiff filed a petition for review with the Defendant against the instant disposition, but the Defendant dismissed the Plaintiff’s petition for review in accordance with the results of the Industrial Accident Compensation Insurance Review Committee’s review, “The result of a special examination does not constitute a noise-related hearing with a view to less than 40dB, and the right return is a clear mixed hearing of the difference between the pyropical and the pyropical basin, and the right return is deemed to have occurred after the surgery, and the Plaintiff’s difficult hearing is not considered to fall under the criteria for recognition of occupational diseases, and the Plaintiff’s difficult hearing is not applicable to the criteria for recognition of occupational diseases.”

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 3 and 5's statements (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The department of steel melting department of the non-party company, in which the plaintiff had worked, is constantly producing Ack noise by electricity, and the noise measurement result was 89dB for the first half of 2013.

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