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(영문) 부산지방법원 2013.07.24 2011구단383
요양불승인처분취소
Text

1. The Defendant’s disposition of providing disability benefits to the Plaintiff on January 19, 2011 is revoked.

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

Reasons

1. Details of the instant disposition

A. On May 16, 1994, the Plaintiff entered the Korea Transportation Corporation (hereinafter “Korea Transportation Corporation”) and worked as an operator of the low-speed container winger (hereinafter “Korea Transportation Corporation”). On March 13, 1998, at the East University Hospital, the Cheongdominology pursuant to the six-minute method was assessed into the left 51dB and the right 90dB, and the Plaintiff was diagnosed as the Republic of Korea Coastal Distress (hereinafter “the instant injury”). On December 8, 2010, the Plaintiff claimed disability benefits against the instant injury.

B. On January 19, 201, the Defendant rendered a decision on disability benefit site payment (hereinafter “instant disposition”) on the ground that: (a) the Plaintiff’s work site does not fall under the Plaintiff’s work site subject to working environment measurement; (b) the noise department’s work experience and work hours have no noise exposure time during the given work hours; (c) noise generated in the course of the operation of bitler and bitex falls under the inter-suring noise not continuous; and (d) it is difficult to measure the degree of harm of noise because the work environment is not closed, making it difficult to determine the degree of harm of noise.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, 3, Eul evidence 6, the purport of the whole pleadings

2. Determination on the lawfulness of the instant disposition

A. The plaintiff's assertion that the plaintiff did not have any record of being treated as the injury and disease of this case before becoming a member of the Korea Transportation Agency, and that the plaintiff showed a sudden typhism from around June 1995, about one year and one month after being employed as a driver of the Korea Transportation Agency. Since the disease of this case was caused by driving a sound strawler every day, there is a proximate causal relation between the plaintiff's work and the injury and disease of this case, the defendant's disposition of this case on different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. The Plaintiff’s duty of recognition and form of work, etc.

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