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(영문) 창원지방법원 2016.04.19 2015구단10361
장해급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On March 20, 1981, the Plaintiff became a member of the two industries company, and was employed in the steel plant, etc., and subsequently retired from office on January 1, 2012, the Plaintiff filed a claim for disability benefits with the Defendant on April 9, 2014, subject to the diagnosis of the “nearing noise in the bilateral side,” and the name.

The Defendant rendered the instant disposition, on August 26, 2014, that did not pay disability benefits to the Plaintiff on the ground that: (a) the Plaintiff’s work environment measurement result in 2007-201, found that the Plaintiff had been exposed to more than 85 Sillx for more than three consecutive years; (b) the degree of lux loss was confirmed to be less than 33 Silxlx on the right-hand side and the left-hand 38 Silxlxon on both sides; and (c) the degree of lux loss does not meet the criteria for recognition of occupational diseases and disability grade with respect to lu

[Ground of recognition] Evidence No. 1-1, Evidence No. 2-2, Evidence No. 3-1, Evidence No. 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s argument and the Plaintiff’s allegation fall under the criteria for recognition of occupational diseases and disability grade, and thus, the Defendant’s disposition of this case is unlawful.

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

C. Medical opinion 1) On the inspection of opportunacy conducted on or around February 24, 2014 by Plaintiff Cheongchip, shows the 50 opportuna level on the right side, the left side 60 opportuna level on the right side (the smallest sound that can be heard by inspectors at each frequency) in the opportuna level. The opportunacy test shows the opportunacy level on both sides, the opportunature opinion (BHH). The opportunacy test conducted on or around March 27, 2014, 32 opportuna level on the right side, the 37 opportuna level on the left side, the opportuna level on April 24, 2014, shows the opportuna level on the right side 34 opportuna level on the right side, the opportunacy level on the right side side side of opportado university (the left side of 2).

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