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1. The Defendant’s disposition to pay disability benefits to the Plaintiff on March 8, 2016 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. From March 18, 1966 to January 6, 1973, and from November 1, 1994 to July 1, 1996, the Plaintiff served as a mining and fluorite in the Korea Coal Corporation Mining Center located in a place of noise exposure.
B. On March 3, 2003, the Plaintiff registered the hearing disability under class 1 of class 4 in accordance with the Act on Welfare of Persons with Disabilities, under the diagnosis that “There is no opinion on the unique nature of both sides, and there is a loss of the hearing ability of class 78 Silx and the left ear 75 Silxlx.”
C. On June 25, 2015, the Plaintiff diagnosed each of the 100 Sycholars (hereinafter “instant injury”). On the grounds that the instant injury was caused due to the work of the mining station around June 29, 2015, the Plaintiff filed an application for disability benefits with the Defendant.
Accordingly, on March 8, 2016, the Defendant rendered a decision on disability benefit site payment (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff left the noise business place on July 2, 1996, and about 20 years elapsed since it was diagnosed as a loss of hearing capacity through the net noise proof test at the time of registering hearing-impaired, and it is reasonable to deem that the Defendant was diagnosed as falling under the criteria for recognition of occupational diseases of the noise-related calculatory state office under the Industrial Accident Compensation Insurance Act, and that the extinctive prescription of the right to claim disability benefit was completed at the time of leaving the noise business place and after the lapse of 3 years from the date of the diagnosis of noise in the noise level.”
E. The Plaintiff appealed and dismissed the petition for examination.
F. Meanwhile, in relation to Article 48 of the former Enforcement Rule of the Industrial Accident Compensation Insurance Act (amended by Ordinance of the Ministry of Employment and Labor No. 152 on March 28, 2016), detailed criteria for determining disability grades by physical parts (amended by Ordinance of the Ministry of Employment and Labor
2.(a)
1) The period of cure of occupational difficulties was determined as follows: “When the employee does not perform his/her duties at a place where the occupational difficulties may arise any longer.”
hereinafter “the previous provisions of this case”).