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(영문) 서울행정법원 2018.10.05 2018구단50614
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on November 17, 2017 is revoked.

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

Reasons

1. Details of the disposition;

A. From January 1, 1978 to December 31, 2015, the Plaintiff performed duties, such as work and contact, at Hyundai Heavy Industries Co., Ltd., and on February 1, 2016, at the B Hospital, diagnosed “noise risk” (hereinafter “instant injury disease”) and claimed disability benefits to the Defendant.

B. Accordingly, on November 17, 2017, the Defendant issued a disposition to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff’s results of the primary special medical examination at the Gyeongbuk University Hospital, the second special medical examination at the Rain University Busan University Hospital, and the third special medical examination at the Busan University Hospital,” respectively, and on November 17, 2017, the Plaintiff rendered a disposition to pay disability benefits on the ground that “the Plaintiff’s results of each net health examination conducted at the Hain University Hospital, the Gyeongbuk University Hospital, and the Rain University Busan University Hospital cannot be trusted.”

[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 through 7 (including a provisional number) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff worked in a place of work exposed to noise for not less than 30 years and the amount of Cheong-do loss on both sides is not less than 40dB, but the disposition of this case on different premise is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

(c) Recognition: 1) 000 400 6,00 40 6,000 400 6, 2015 60 30 40 40 6 30 40 55 15 40 60 60 30 40 40 5 40 40 45 40 40 45 25 25 40 325 40 320 40 65 32014 6 30 40 630 40 640 630 40 640 630 40 65 30 40 65 30 65 30 40 65 40 65 30 65 30 40 65 30 40 65 30 45 630 45 30

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