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(영문) 서울행정법원 2019.08.23 2018구단78070
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on December 5, 2016 is revoked.

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

Reasons

1. Details of the disposition;

A. From June 21, 1961 to December 31, 1973, the Korea Coal Corporation worked for about 12 years and six months as the digging part at the Sung Mining Center.

B. On February 3, 2016, the Plaintiff received disability diagnosis from the E-Bainology C E-Waro located in E-Waro-si with the “Bainology E-Warisung (S),” and filed a claim for disability benefits with the Defendant on June 3, 2016.

C. On December 5, 2016, the Defendant issued a disability benefit payment disposition (hereinafter “instant disposition”) against the Plaintiff on the ground that “The Plaintiff was unable to determine whether the Plaintiff was engaged in the noise process since there was no objective data that the Plaintiff had worked in the noise department of the previous mining stations,” and that it was difficult to recognize the Plaintiff’s unique results of the Plaintiff’s disease at the integrated review meeting of the Defendant Daegu Regional Headquarters, after comprehensively deliberating on the results of the Plaintiff’s specialty of the hospital, and then presented an opinion that it is difficult for the Plaintiff to recognize each of the difficulties of the Plaintiff as a noise level

On November 7, 2018, the Board of Audit and Inspection rejected the Plaintiff’s request for examination on the ground that “A special inspection institution was considered difficult to distinguish the Plaintiff’s hearing from the hearing’s hearing of noise or senior citizens’ distress, and that the Defendant made the instant disposition in accordance with the deliberation of the Daegu Regional Headquarters’s Integrated Examination Committee, it is difficult to accept the Plaintiff’s assertion that the Plaintiff’s hearing of the Plaintiff’s distress constitutes a noise-related hearing, which is an occupational disease.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 5, 15, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion was exposed to more than 85dB noise while digging out approximately 12 years and 6 months at the Sungsung Mining Center, and the occurrence of noise-related difficulties.

At present, there is a mixture of noise difficulties between the plaintiff and the elderly.

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