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(영문) 서울행정법원 2019.11.29 2019구단59779
장해급여부지급처분취소
Text

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. From March 31, 1971 to February 13, 1981, the Korea Coal Corporation (BB) served as the part of coal collection, digging, transport, etc. in the Seongbuk Mining Center (hereinafter “instant business establishment”).

B. On June 1, 2018, the Plaintiff was diagnosed by each of the Egalopological dysia (hereinafter “instant injury”) on both sides of the Egysia (hereinafter “instant injury”), and claimed disability benefits to the Defendant.

As a result of reviewing the submitted application for disability benefits, it is confirmed that there is no fact that he/she has suffered any obstacle related to hearing, and it is confirmed that he/she has been working in the mining center for at least three years through related data such as statements by the insurance benefit ledger,

As a result of the special medical examination of the D Hospital, “the right-hand side (49dB, 70dB, 73dB), the left-hand side (56dB, 60dB, 65dB), the right-hand side (56%, 72%, 74%), the left-hand side (80%, 76%, and 76%) of the language Cheongpy Test” is an opinion of the Special Medical Examination of the D Hospital. It is difficult to view that there is a causal link between both the Plaintiff’s age (73 years old), the period of time after the suspension of noise exposure (87 years), and the type of Cheongdomination and the left-hand side (80%, 76%, and 76%) of the D Hospital’s work related to the work performed by the East Sea Hospital.”

Based on the results of the integrated examination of D Hospital's special medical examination and the results of the specialized examination of business relations, it is doubtful that there is a change in the hearing of the right 65dB, the left 85dB, the right 70dB and the left 56dB from the hearing of the D Hospital's opinion in 2018, and the left 41dB, the left 50dB from the hearing of the power in 2012 to 35dB for 6 years from the right 41dB, the left 50dB, the left 28dB from the hearing of the power in 2012.

C. However, on February 1, 2019, the Defendant is as follows.

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