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1. On July 26, 2018, the Defendant’s decision to pay disability benefits to the Plaintiff is revoked.
2. The costs of lawsuit shall be.
Reasons
1. The process of the determination of the disability benefit site level ① The plaintiff (B male) was diagnosed on May 2, 1967, when he was 23 years of age, to December 31, 1996, from May 22, 196, when he was 53 years of age, to December 31, 1996, and was engaged in transport of coal and electric vehicles at the Korea Coal Corporation Korea Coal Corporation for about 29 years and seven months, and on June 8, 2016, the plaintiff (B male) requested the payment of disability benefits to the defendant on June 17, 2016, when he was 72 years of age.
② On July 26, 2018, the Defendant rendered a decision on disability benefit site payment (hereinafter “instant disposition”) against the Plaintiff on the ground that “The result of the deliberation that “it is insufficient to deem that there exists a causal relationship with the Plaintiff’s accident in light of the period of suspension of noise work, special diagnosis results, etc., the Plaintiff’s request for a specialized investigation of business relevance, along with the results of a special medical examination against the infertility and relevant data.”
③ In response to the instant disposition, the Plaintiff filed a request for examination with the Defendant. However, on December 4, 2018, the Defendant dismissed the Plaintiff’s request for examination on the ground that “The Plaintiff was diagnosed at the expiration of about 20 years after leaving the noise workplace; there was no data on the result of the opportunic test that can verify the degree of the opportunity of the Plaintiff’s age at the time of service or retirement; and according to the Plaintiff’s special medical examination opinion in 2016, the Plaintiff’s age at the time of the diagnosis was over 72 years old, and the low noise level was not preserved, and it is difficult to recognize a causal relationship between the Plaintiff’s past noise history and the present state of opportune.”
④ The Plaintiff appealed and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee. However, the Industrial Accident Compensation Insurance Reexamination Committee (hereinafter “Plaintiff”) on April 19, 2019, after about 20 years of retirement from the noise workplace.