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1. The Defendant’s disposition to pay disability benefits to the Plaintiff on May 23, 2018 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On March 11, 2016, the Plaintiff (B) diagnosed “The Yang Honeal Ethal Ethal Ethy (hereinafter “Ethal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal)” in
B. On May 23, 2018, the Defendant rendered a decision on disability benefit site payment (hereinafter “instant disposition”) against the Plaintiff on the ground that the instant injury and disease cannot be recognized as an occupational disease according to the result of a specialized investigation on the work-related nature of “undertakeion that the present injury and disease occurred in light of the Plaintiff’s age and the suspension period of noise exposure” (hereinafter “instant disposition”).
C. The Plaintiff filed a request for examination against the Defendant, but the Defendant dismissed the request for examination on August 27, 2018.
In other words, the Plaintiff filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the request for reexamination on December 24, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s assertion was exposed to more than 85dB noise while working for a long time in the mining center for more than three years, and that the Plaintiff’s business was significantly contributed to the occurrence or aggravation of the injury of this case, and that in the case of exposure to strong noise, it can be avoided even after retirement from the noise business place, and that, in the case of the occurrence of a scarcity, it can be combined with the scarcity and the scarcity’s ability may become worse, even if there is a proximate causal relation with the instant injury, the instant injury of this case’s disposition against the Defendant on different premise should be revoked.
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 based on work.