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(영문) 서울행정법원 2017.07.07 2016구단63357
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. On January 19, 2016, the Plaintiff filed a claim for disability benefits with the Defendant, asserting that “The suspicion of Malisung and Marisung (hereinafter “the instant injury”) was diagnosed, and that “the instant injury was caused by exposure of the mine noise from the mining station to the mine noise while working as a mountain unit.”

B. On August 12, 2016, the Defendant rendered a disposition on disability benefit site payment (hereinafter “instant disposition”) against the Plaintiff on the ground that “the lower standard for both sides of the Plaintiff falls short of the noise level (the lower court determined as a senior citizens’ sexual distress rather than the noise level hearing due to the pure distress test).”

[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 and 3 (including provisional number), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has gradually lost honest power while working as a mining source for more than 30 years while exposed to serious noise.

Therefore, even though the injury or disease of this case occurred due to the plaintiff's work, the disposition of this case which did not recognize it as an occupational disease is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. The Plaintiff’s noise exposure experience from around 1984 to March 1, 1993 was exposed to noise in light of the following: (a) the Plaintiff was receiving medical treatment by providing carbon and mountain products in B mining, C mining, D mining, and E mining establishments; and (b) the Plaintiff’s age and health status was Frox; (c) from May 15, 2010, the Plaintiff was provided with a certificate of circular merger; (d) the Plaintiff’s two-type urology accompanied by a certificate of circular merger; and (e) the two-type urology accompanied by a certificate of occupational unknown merger; and (e) the two-type urology urology accompanied by a certificate of occupational unknown merger.

3) The name of the doctor’s opinion (defluence) doctor’s opinion: each of the following are repeatedly conducted three times in each of the pagal chronological pans, and the most good lux is the right level and the left-hand level of 56 glux.

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