1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On August 23, 2017, the Plaintiff: (a) diagnosed the “consceptic Cheongneology room and noise risk room in both sides; and (b) applied for disability benefits to the Defendant at the lower court’s clinic.”

B. As a result of the Defendant’s special medical examination conducted three times at the Defendant’s request, the Plaintiff’s best hearing ability was measured by 40dB on the right side and 41dB on the left side. On September 19, 2018, the Defendant issued a disposition on disability benefit payment (hereinafter “instant disposition”) to the Plaintiff on the ground that, in consideration of the fact that the type of the hearing in the degree of special medical examination shows a difference in the typical type of noise risk, the Plaintiff’s hearing in the degree of hearing ability is difficult to deem that there exists a causal relationship with the Plaintiff’s business.

C. The Plaintiff filed the instant lawsuit seeking revocation of the instant disposition. Around February 2020, the lawsuit pending, the Defendant’s “Management Standard for Works in the Noise Agency” was amended to the effect that, even if the Defendant’s “Management Standard for Works in the Noise Agency” was mixed with business and non-business causes, if the noise exposure level meets the standards for recognition of occupational diseases and cannot prove the Defendant’s apparent reasons other than business, it would be recognized as occupational diseases. The Defendant announced that the payment of disability benefits would be re-determined by applying a new standard in the event of re-application for the case prior to the implementation of the revised work process guidelines.

Accordingly, the Plaintiff’s application for disability benefits is defective by attaching a written disability diagnosis by a member B on August 23, 2017, and the Defendant again requested the Korea Workers’ Compensation and Welfare Service C Hospital to assess the Plaintiff’s business relevance with respect to the Plaintiff’s distress, and on July 15, 2020 based on the result, paid disability benefits of KRW 23,605,570 to the Plaintiff on July 15, 2020.