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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a person who worked for approximately twenty-six years at the Korea Coal Corporation B Mining Corporation from February 25, 1973 to November 16, 1998.
B. On February 23, 2016, the Plaintiff was diagnosed by a medical institution with both sides of the Maternal Distress (hereinafter “the instant accident”) and claimed disability benefits to the Defendant on March 3, 2016.
C. On January 18, 2017, the Defendant rendered a disposition to pay disability benefits to the Plaintiff (hereinafter “instant disposition”) on the ground that “The Plaintiff’s vehicle driving, etc. conducted by the Plaintiff cannot be deemed to fall under the noise business place of 85dB or more consecutively, and thus, it cannot be deemed that the Plaintiff engaged in work for more than three years at a noise business place of 85dB or more, and medical opinions also stated that “In light of the direct ability of the noise workplace, the intensity of exposed noise, age, etc., it is highly likely that the elderly, not the noise-related hearing, might suffer difficulties due to other causes” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was that the Plaintiff was exposed to noise during approximately twenty-six-year mining establishments and caused the occurrence of the instant distress. As such, the instant disposition on a different premise is unlawful.
(b) Attached Form 1 of relevant Acts and subordinate statutes;
C. Fact-finding 1) The Plaintiff’s work place: Specific work conducted by the Plaintiff’s work experience in May 1, 1991 to Nov. 16, 198, and average noise measurement value (the career certificate in the second half of 2016) as a result of the work environment measurement conducted by the Plaintiff (the career certificate in the second half of 2016) by the Plaintiff’s work experience in November 1, 1974 from February 1, 1974 to Nov. 31, 1990 from Nov. 31, 1990 from May 1, 1990 to Apr. 30, 1991.