logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2021.01.13 2019구단74396
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on May 20, 2019 is revoked.

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

Reasons

1. Details of the disposition;

A. From May 19, 1984 to June 30, 2018, the Plaintiff (B) served in the contact department for the construction and repair of the steel line at C Co., Ltd. (hereinafter “instant workplace”). On April 24, 2018, the Plaintiff (B) diagnosed the “NOS of each of the instant diseases” (hereinafter “the instant injury”) and claimed disability benefits to the Defendant on July 27, 2018.

B. On May 20, 2019, the Defendant expressed to the Plaintiff that “The Defendant’s advisory physician is a mixed hearing with the Plaintiff’s right and the left-hand farm condition, and thus it requires a consolidated examination after photographing CT. On May 7, 2019, as a result of the Busan Regional Headquarters’s Integrated Examination Meeting on May 7, 2019, it is confirmed that the hearing loss by the left-hand 100dB and the right-hand 68dB was confirmed as a result of the special examination against the Plaintiff, but it is not recognized as a noise-related hearing due to a congenital or disease (under the standard). As such, the Plaintiff’s direct noise power is verified, but it is judged as a difficult office due to an incurable disease, not a noise, and thus falls short of the standards for recognition of occupational diseases as provided for in the Industrial Accident Compensation Insurance Act.

The instant disposition of disability benefits was made on the ground of the partial payment of disability benefits (hereinafter “instant disposition”).

(c)

The Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, but was dismissed on November 1, 2019.

【Fact-finding without a dispute over the basis of recognition, Gap evidence Nos. 1 through 3, 8, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff worked in a noise-related workplace that is exposed to severe noise for not less than 34 years, and worked in an environment that causes various diseases, such as heavy salt, due to flying dust, etc.

The Plaintiff’s left-hand ear was exposed to the electric noise caused by an electric shock accident during the work in 1985, which led to aggravation of noise and scattering dust, and constitutes a mixture of noise and scattering dust, etc.

Therefore, the Plaintiff’s work and the instant case.

arrow